No. 18-6283

Brent Douglas Cole v. United States

Lower Court: Ninth Circuit
Docketed: 2018-10-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-safeguards fifth-amendment grand-jury individual-rights liberty prosecutorial-interference prosecutorial-misconduct separation-of-powers structural-error structural-protections
Key Terms:
FifthAmendment CriminalProcedure
Latest Conference: 2018-11-09
Question Presented (from Petition)

Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual rights and liberties were compromised when the prosecution impermissibly interfered with the grand jury's function guaranteed by the Fifth Amendment to act as an independent investigative body when the prosecution abruptly prevented a grand juror from asking a question the grand juror deemed relevant?

Did this interference impermissibly alter the structure of the grand jury by taking away the freedom given to the grand jury to pursue its investigation unhindered by external influence or supervision and to make its decision based on evidence it deems appropriate and to protect individual's right of freedom and liberty? Is a constitutionally deficient Indictment structural error?

Question Presented (AI Summary)

Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual rights and liberties were compromised

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-22
Waiver of right of respondent United States to respond filed.
2018-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2018)

Attorneys

Brent Cole
Karyn Hilde Bucur#E-193, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent