Question Presented (from Petition)
I. Whether the Due Process clause permits a court to ignore without inquiry a jury's finding of Not Guilty on a lesser, necessarily included charge, while accepting the same jury's finding, on the same verdict form, of Guilty on the greater charge.
II. Whether the right to a trial by jury is violated when a jury returns a form of verdict which both acquits a defendant of a necessarily included offense and convicts that same defendant of the greater offense, and the trial court ignores the acquittal.
Question Presented (AI Summary)
Whether the Due Process clause permits a court to ignore a jury's finding of Not Guilty on a lesser, necessarily included charge while accepting the same jury's finding of Guilty on the greater charge
Docket Entries
2025-05-05
Petition DENIED.
2025-04-17
DISTRIBUTED for Conference of 5/2/2025.
2025-04-15
Waiver of United States of right to respond submitted.
2025-04-15
Waiver of right of respondent United States to respond filed.
2025-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2025)
Attorneys
Mick Careaga
Michael B. Bernays — Allen, Kimerer & LaVelle, Petitioner
United States
D. John Sauer — Solicitor General, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent