No. 23-553

William Clark Turner v. United States

Lower Court: Ninth Circuit
Docketed: 2023-11-22
Status: Denied
Type: Paid
Response Waived
Tags: burden-of-proof civil-rights criminal-statute due-process federal-jurisdiction flight-attendant free-speech intimidation jury-instructions statutory-interpretation
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. Did the inclusion of multiple alternative definitions of "intimidate" within the jury instructions for the charged violation of 49 U.S.C. section 46504 reduce the government's burden of proof and impermissibly expand the scope of the statute when each of the alternatives failed to state the correct standard by permitting the jury to use a subjective assessment of the flight attendant and conflating the second and third elements of the offense?

2. By adding the language "or to another" in the definition of "intimidate," did the trial court illegally broaden the scope of the statute by allowing for intimidation of a flight attendant on the basis of a purely verbal dispute between passengers?

Question Presented (AI Summary)

Did the inclusion of multiple alternative definitions of 'intimidate' within the jury instructions for the charged violation of 49 U.S.C. section 46504 reduce the government's burden of proof and impermissibly expand the scope of the statute

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-11-20
Petition for a writ of certiorari filed. (Response due December 22, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
William Clark Turner
David Jonathan CohenBay Area Criminal Lawyers, PC, Petitioner