No. 18-6305
Response WaivedIFP
Tags: constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony
Latest Conference:
2018-11-30
Question Presented (from Petition)
1. Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional error requiring reversal?
2. Whether prosecution under the Maritime Drug Law Enforcement Act ("MDLEA") of a foreign citizen who was traveling on a vessel in international waters and whose offense had no nexus to the United States violates the Due Process Clause of the Fifth Amendment?
Question Presented (AI Summary)
Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional error requiring reversal?
Docket Entries
2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-01
Waiver of right of respondent United States to respond filed.
2018-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)
Attorneys
Igor Polshyn
Aliza Hochman Bloom — Office of the Federal Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent