No. 23-7803

Michael Sean Graham v. United States

Lower Court: Ninth Circuit
Docketed: 2024-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation confrontation-clause covid-19-restrictions due-process fifth-amendment public-interest sars-cov-2 sixth-amendment trial-procedure
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Did the Ninth Circuit err in holding that masking trial witnesses did not violate the defendant's due process and confrontation rights?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. By denying relief, did the Ninth Circuit Court of Appeals err in holding that the masking of trial witnesses was not a violation of defendant’s Fifth Amendment right to due process and his Sixth Amendment right to confront the government’s witnesses, but, rather, was a permissible and non-prejudicial measure to advance an important public interest, to wit: to prevent the spread of the SARS-COV-2 virus among trial participants? 2. Does the decision in the instant case conflict with the decision of another Circuit Court of Appeals’ decision on an important matter, to wit: whether, in a wire fraud case, the government must prove that the wired funds must necessarily have been sourced, at least in part, from the tainted portion of a specific pool of funds containing both tainted and untainted funds?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-11
DISTRIBUTED for Conference of 9/30/2024.
2024-07-02
Waiver of United States of right to respond submitted.
2024-07-02
Waiver of right of respondent United States to respond filed.
2024-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2024)

Attorneys

Michael Graham
Michael J. BresnehanLaw Offices of Michael J. Bresnehan, P.C., Petitioner
Michael J. BresnehanLaw Offices of Michael J. Bresnehan, P.C., Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent