No. 23-5966

Jonathan Ericksen v. United States

Lower Court: Seventh Circuit
Docketed: 2023-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence jackson-v-virginia judgment-of-acquittal rule-29 standard-of-review
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-12-08
Question Presented (AI Summary)

Whether the Court should overrule its decision in Jackson v. Virginia, which rejected the 'reasonable hypothesis' test for motions for a judgment of acquittal

Question Presented (OCR Extract)

QUESTION PRESENTED At the close of the government’s evidence at his jury trial for Attempted Enticement of a Minor, in violation of 18 U.S.C. § 2422(b), Petitioner Ericksen made an oral motion for judgment of acquittal, pursuant to Rule 29(a) of the Federal Rules of Criminal Procedure. That motion was denied. Following the jury’s guilty verdict, Petitioner Ericksen submitted a written motion for judgment of acquittal, under Rule 29(c) of the Federal Rules of Criminal Procedure. That motion was also denied, and the denial was affirmed by the United States Court of Appeals for the Seventh Circuit. Petitioner Ericksen concedes that the lower courts applied the current standard for such motions: Whether there is any evidence, however weighed, which would support a guilty verdict. Consequently, the issue respectfully presented is whether this Court should overrule its decision in Jackson v. Virginia, 443 U.S. 307, 325 (1979), which rejected the “reasonable hypothesis” test for motions for a judgment of acquittal. i

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
Waiver of right of respondent United States to respond filed.
2023-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2023)

Attorneys

Jonathan Ericksen
Daniel G. CroninOffice of the Federal Public Defender, Petitioner
Daniel G. CroninOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent