No. 18-1443

Nicholas Young v. United States

Lower Court: Fourth Circuit
Docketed: 2019-05-17
Status: Denied
Type: Paid
Tags: civil-rights constitutional-activity constitutional-rights criminal-defendant-rights criminal-procedure due-process entrapment entrapment-defense free-speech material-support predisposition predisposition-evidence prior-activity similar-crime terrorist-organization thought-crime white-nationalism
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether evidence of a criminal defendant's prior, constitutionally protected activity may be admitted to prove the predisposition element of the entrapment defense, and if so, whether such activity must be "similar" in nature to the charged crime.

2. Whether, to avoid prosecution of thoughtcrime, the predisposition element contains an objective "positional" component in addition to a subjective "dispositional" one. United States v. Hollingsworth, 27 F.3d 1196 (7th Cir. 1994) (en banc) (Posner, C.J.).

Question Presented (AI Summary)

Whether evidence of a criminal defendant's prior, constitutionally protected activity may be admitted to prove the predisposition element of the entrapment defense, and if so, whether such activity must be similar' in nature to the charged crime

Docket Entries

2019-10-07
Petition DENIED.
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-07-30
Reply of petitioner Nicholas Young filed.
2019-07-17
Brief of respondent United States in opposition filed.
2019-06-13
Motion to extend the time to file a response is granted and the time is extended to and including July 17, 2019.
2019-06-12
Motion to extend the time to file a response from June 17, 2019 to July 17, 2019, submitted to The Clerk.
2019-05-16
Petition for a writ of certiorari filed. (Response due June 17, 2019)

Attorneys

Nicholas Young
David Benjamin SmithDavid B. Smith, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent