Robert E. Harrison v. United States
Whether the admission of a defendant's prior conviction under Federal Rule of Evidence 404(b) violates due process when the prosecution introduces the evidence to demonstrate a pattern of conduct despite the rule's prohibition on propensity evidence
No question identified. : To Justice Brett M. Kavanaugh: Petitioner Robert E. Harrison, through his attorney of record, Assistant Federal Public Defender Mohammed G. Ahmed, requests an additional 60 days in which to file a petition in this Court seeking certiorari to the Eighth Circuit Court of Appeals, up through January 11, 2023. Petitioner requests this extension under Supreme Court Rule 13.5. JURISDICTION Petitioner requests an extension to file a petition for writ of certiorari. Petitioner is preparing to request this Court’s review of the judgment issued by the Eighth Circuit Court of Appeals on June 14, 2023, affirming a conviction for unlawful possession of a firearm following a jury trial in which the District Court permitted the Government to introduce a prior conviction for violating the same statute despite the prosecuting United States Attorney’s admission he offered the evidence to show the defendant’s pattern and habit of possessing a firearm contrary to the prohibition of propensity evidence in Fed. R. Evid. 404(b)(1). Petitioner preserved an argument that against the introduction of prior convictions where, as in Petitioner’s case, the defendant does not claim accidental or unknowing possession of the firearm but maintains innocence of ever possessing the firearm. The Court of Appeals denied Mr. Harrison’s timely motion for rehearing on August 14, 2023.