No. 18-421

Jose Luis Cepeda-Cortes v. United States

Lower Court: Fifth Circuit
Docketed: 2018-10-03
Status: Denied
Type: Paid
Response Waived
Tags: co-defendant criminal-procedure extraneous-criminal-acts federal-rules-of-criminal-procedure joint-trial jury-reliability prejudice rule-14a severance spill-over-effect zafiro-v-united-states
Key Terms:
Patent
Latest Conference: 2018-11-02
Question Presented (from Petition)

Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered in determining if a federal criminal defendant suffered a serious risk that the jury was unable to make a reliable judgment as to his guilt because of prejudice from the "spill-over" effect of evidence admitted in a joint trial establishing numerous brutal violent extraneous criminal acts committed by a co-defendant so that Rule 14(a) required the remedy of severance and individual trial?

Question Presented (AI Summary)

Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered in determining if a federal criminal defendant suffered a serious risk that the jury was unable to make a reliable judgment as to his guilt because of prejudice from the spill-over' effect of evidence admitted in a joint trial establishing numerous brutal violent extraneous criminal acts committed by a co-defendant so that Rule 14(a) required the remedy of severance and individual trial?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-17
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-10-01
Petition for a writ of certiorari filed. (Response due November 2, 2018)

Attorneys

Jose Luis Cepeda-Cortes
William Reagan WynnKearney | Wynn, Attorneys at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent