No. 24-5106

Stoney Prior v. United States

Lower Court: Ninth Circuit
Docketed: 2024-07-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review appellate-standard-of-review circuit-split criminal-defendant-rights criminal-defense jury-instruction jury-instructions reasonable-doubt recognized-defenses third-party-culpability
Key Terms:
DueProcess Privacy
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence?

Question Presented (OCR Extract)

Questions Presented for Review In Mathews v. United States, 485 U.S. 58, 63 (1988), this Court recognized “[a]s a general proposition” that a criminal “defendant is entitled to an instruction as to any recognized defense for which there exists evidence sufficient for a reasonable jury to find in his favor.” The federal circuits, however, espouse markedly different opinions on the scope and application of this maxim. The circuits are divided over whether Mathews is limited to the defense of entrapment and the applicable appellate standard of review when the trial court fails to provide the requested defense instruction. The questions presented are: 1. Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence? 2. If the district court rejects a jury instruction on the defendant’s recognized theory of defense, what is the applicable appellate standard of review? i

Docket Entries

2024-10-07
Petition DENIED.
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-07-30
Waiver of United States of America of right to respond submitted.
2024-07-30
Waiver of right of respondent United States of America to respond filed.
2024-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2024)

Attorneys

Stoney Prior
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent