No. 18-6046

Michael Skillern v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-09-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: access-to-counsel constitutional-error due-process extraterritorial-effect geders-v-united-states harmless-error mail-fraud perry-v-leeke sixth-amendment structural-error subject-matter-jurisdiction trial-recess wire-fraud
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-01-11 (distributed 2 times)
Question Presented (from Petition)

DID THE DISTRICT COURT'S ORDER PROHIBITING DEFENDANT SKILLERN, FROM CONFERRING WITH TRIAL COUNSEL DURING AN OVERNIGHT RECESS, REGARDING DEFENDANT SKILLERN'S PAST DAY'S TRIAL TESTIMONY, AND OTHER TRIAL TACTICS WHICH WOULD INEVITABLY INCLUDE DEFENDANT SKILLERN'S ONGOING TESTIMONY, VIOLATE THE SIXTH AMENDMENT'S GUARANTEE OF ACCESS TO COUNSEL, AND VIOLATE THIS COURT'S SUBSTANTIVE DECISIONS IN GEDERS V. UNITED STATES, 425 U.S. 80, 91 (1976), AND PERRY V. LEEKE, 488 U.S. 272 (1989)?

BECAUSE 18 USC § 1341 (MAIL FRAUD) AND 18 USC § 1343 (WIRE FRAUD) DO NOT APPLY EXTRATERRITORIALLY, DOES THE LACK OF SUBJECT MATTER JURISDICTION MANDATE THAT THE DISTRICT COURT'S JUDGMENT OF CONVICTION AND SENTENCE BE DEEMED VOID AB INITlO?

DID THE DISTRICT COURT'S RULING LIMITING DEFENDANT SKILLERN'S SIXTH AMENDMENT-SECURED AUTONOMY, AND RIGHT OF ACCESS TO COUNSEL DURING AN OVERNIGHT RECESS AND DURING THE FIRST AND SECOND DAY OF TRIAL, USURP CONTROL OF DEFENDANT'S PEROGATIVE TO DIRECT AND CONFER WITH COUNSEL ON ALL ISSUES REGARDING DEFENDANT SKILLERN'S DEFENSE, THEREBY COMMITTING CONSTITUTIONAL ERROR, THAT IS STRUCTURAL ERROR, AND NOT SUBJECT TO HARMLESS ERROR ANALYSIS?

DOES THE DISTRICT COURT'S JURY INSTRUCTION REGARDING WHAT THE GOVERNMENT IS NOT REQUIRED TO PROVE MISSTATE THE LAW AND LESSEN THE BURDEN OF PROOF REGARDING THE GOVERNMENT'S BURDEN TO DEMONSTRATE THAT ANY MAILING BY THE POSTAL SERVICE OR COMMERCIAL CARRIER WAS FOR THE PURPOSE OF EXECUTING A SCHEME TO DEFRAUD?

DOES THE UNITED STATES COURT OF APPEALS FOR THE

Question Presented (AI Summary)

did-the-district-court-violate-the-sixth-amendment

Docket Entries

2019-01-14
Rehearing DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-11-06
Petition for Rehearing filed.
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2018)

Attorneys

Michael Skillern
Michael Skillern — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent