No. 23-6333

Nora Gilda Guevara Triana v. United States

Lower Court: Eighth Circuit
Docketed: 2023-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process eighth-circuit evidence-rule fair-trial rule-of-completeness special-verdict standard-of-review supreme-court-precedent u.s.-v.-griffin
Key Terms:
DueProcess
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Whether the Eighth Circuit Court's failure to follow precedent violated the petitioner's right to a fair trial

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Whether the Eighth Circuit Court’s failure to follow this Court’s precedence in U.S. v. Griffin, 502 U.S. 46 (1991) and Turner v. U.S., 396 U.S. 398 (1970), when it treated a special verdict form as a general verdict and allowed a conviction to stand on a theory of the case without sufficient evidence, violated Petitioner’s right to a fair trial. 2. Whether the Eighth Circuit’s Opinion denied Petitioner her right to a fair trial by requiring that Petitioner make an additional showing to support her offer of her complete recorded statement under the Rule of Completeness (Fed. R. Evid. 106) after the trial court had already acknowledged that the full statement should be admitted if the Government played portions of it at trial. i

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent United States to respond filed.
2023-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2024)

Attorneys

Nora Guevara Triana
James Kingsley McGoughMcGoughLaw, P.C.L.L.O., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent