No. 24-6539

Fernando Lopez-Armenta v. United States

Lower Court: Ninth Circuit
Docketed: 2025-02-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-defense fifth-amendment lesser-included-offense sixth-amendment trial-instruction
Key Terms:
DueProcess Privacy
Latest Conference: 2025-03-07
Question Presented (AI Summary)

Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth and Sixth Amendments require a trial court to grant a request to instruct on that defense, where it is consistent with the law and supported by the evidence?

Question Presented (OCR Extract)

Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth and Sixth Amendments require a trial court to grant a request to instruct on that defense, where it is consistent with the law and supported by the evidence? iiSTATEMENT OF RELATED CASES United States of America v. Fernando Lopez-Armenta, No. 2:21-cr-00132-JCC, U.S. District Court for Western Washington. Judgment entered April 6, 2023.* United States of America v. Fernando Lopez-Armenta, No. 23-618, U.S. Court of Appeals for the Ninth Circuit. Judgment entered August 14, 2024.

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-18
Waiver of Respondent of right to respond submitted.
2025-02-18
Waiver of right of respondent Respondent to respond filed.
2025-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2025)
2024-12-17
Application (24A591) granted by Justice Kagan extending the time to file until February 15, 2025.
2024-12-06
Application (24A591) to extend the time to file a petition for a writ of certiorari from December 17, 2024 to February 15, 2025, submitted to Justice Kagan.

Attorneys

Fernando Lopez-Armenta
Randy Perry BakerRandy Baker, Attorney at Law, Petitioner
Respondent
Sarah M. HarrisActing Solicitor General, Respondent