No. 23-7778

Davonte Williams-Dorsey v. United States

Lower Court: Second Circuit
Docketed: 2024-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Did the lower courts err in precluding petitioner's duress defense at trial?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the lower courts err in their preclusion of Petitioner's duress ; defense at trial, given the preexisting caselaw, wherein the Jury, not oO _ the Court, is to try the facts of said defense? See, United States v. Paul, 110 F.3d 869, 871 (2d Cir. 1997); United States v. Contento-Pancho 723, F.2d 691, 695 (9th Cir. 1984); and Sandstrom v. Montana, 442 U.S. 510, 523 (1974). ; ; : II. | The lower courts affirmed the government's argument that a duress defense : , ‘necessisated a fourth element of surrendering to authorities once , : reaching a position of safety, despite the 9th Circuit Court's ruling ; that such an element is "...required only in prison escape cases...," wherein other circumstances "...the defense has been defined to include : only three elements." See, United States v. Contento-Pancho, 723 F.2d 691, 695 (9th Cir. 1984). With this established precedent, were the Lower ; courts' affirmations of these arguments, which the ruling to preclude, ; Oo Petitioner’s duress defense hinged upon, erroneous? oe III. | Both the pretrial and trial process contained additional cumulative errors, namely, access issues to protective order discovery, the Trial Judge's capricious ruling on the role of stand-by counsel, the improperly admitted and highly prejudical 404(b) act evidence, and the Trial Judge's ; . frequent interruptions of Petitioner which was likewise prejudical before . , the Jury. These errors were deemed harmless by the 2d. Circuit Court, despite not having proven as such beyond a reasonable doubt. See, United ; _ States _v. Lombardozzi, 491 F.3d 61, 76 (2d Cir. 2007); and United States , . Vv. Felder, 993 F.3d 57, 71 (2d Cir. 2021). Thus, would this neglect of , , , precedure not contribute to the violation of Petitioner's right to due . process under the Fifth Amendment and, therefore, also his right to a ~ fair trial under the Sixth Amendment? a

Docket Entries

2024-10-07
Petition DENIED.
2024-07-03
DISTRIBUTED for Conference of 9/30/2024.
2024-06-26
Waiver of United States of right to respond submitted.
2024-06-26
Waiver of right of respondent United States to respond filed.
2024-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Davonte Williams-Dorsey
Davonte Williams-Dorsey — Petitioner
Davonte Williams-Dorsey — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent