No. 18-6265
Tags: criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2019-03-15
(distributed 2 times)
Question Presented (from Petition)
Whether the practice of telling juries in a 18 U.S.C. § 922(g) (1) prosecution that the defendant is a previously -convicted felon, as is routine ly done under this Court's decision in Old Chief v. United States , 519 U.S. 172 (1997) , in fact introduces evidence that is far more prejudicial than probative and should be excluded under Federal Rule of Evidence 403, particularly given that less prejudicial but equally probative evidentiary alternatives are avai lable to prove that the defendant is a person prohibited from possessing firearm s under federal law ?
Question Presented (AI Summary)
Whether the practice of telling juries in a 18 U.S.C. § 922(g)(1) prosecution that the defendant is a previously-convicted felon should be excluded under Federal Rule of Evidence 403
Docket Entries
2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Reply of petitioner Samuel Silva filed.
2019-02-01
Brief of respondent United States in opposition filed.
2018-12-20
Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2019.
2018-12-19
Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2019.
2018-11-20
Motion to extend the time to file a response from November 30, 2018 to December 31, 2018, submitted to The Clerk.
2018-10-31
Response Requested. (Due November 30, 2018)
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-16
Waiver of right of respondent United States to respond filed.
2018-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2018)
2018-07-17
Application (18A59) granted by Justice Sotomayor extending the time to file until October 5, 2018.
2018-07-12
Application (18A59) to extend the time to file a petition for a writ of certiorari from August 6, 2018 to October 5, 2018, submitted to Justice Sotomayor.
Attorneys
Samuel Silva
John Carl Arceci — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent