burden-of-production
6 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 21-5735 | Juan Manuel Lira-Salinas v. United States | Fifth Circuit | 2021-09-21 | Denied | Response WaivedIFP | burden-of-production burden-of-proof criminal-procedure defendant-rights due-process fifth-circuit sentencing | Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process … |
| 20-8345 | Ricky Parkerson v. United States | Fifth Circuit | 2021-06-17 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-production burden-of-proof confrontation-clause due-process sentencing sixth-amendment | Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process … |
| 20-681 | Daniel E. Larkin, et ux. v. Commissioner of Internal Revenue | District of Columbia | 2020-11-17 | Denied | Response Waived | burden-of-production burden-of-proof civil-procedure irs irs-restructuring judicial-review penalties statutory-interpretation supervisory-approval tax-law tax-penalties | Does the Internal Revenue Service Restructuring and Reform Act of 1998 require the Secretary of the Treasury to come forward with evidence of written … |
| 19-7332 | Brian Dean King, Jr. v. United States | Fifth Circuit | 2020-01-17 | Denied | Response WaivedIFP | appellate-review burden-of-production burden-of-proof criminal-procedure defendant-objection due-process evidence government-burden pre-sentence-report sentencing | Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, … |
| 19-6634 | Kathryn Woodin Markle v. United States | Fifth Circuit | 2019-11-14 | Denied | Response WaivedIFP | appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection | Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, … |
| 18-9143 | Justin D. Fuller v. United States | Sixth Circuit | 2019-05-06 | Denied | Response WaivedIFP | affidavit-discrepancies burden-of-production criminal-procedure-franks-hearing,evidence,thresho defendant-rights due-process evidentiary-threshold franks-hearing government-evidence judicial-error pre-franks-procedure threshold-determination | When does a court err in a 'Pre-Franks' procedure by considering government evidence to determine a defendant's entitlement to a Franks hearing? |