No. 18-6591

Leslie Chin v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure
Key Terms:
DueProcess
Latest Conference: 2018-12-07
Question Presented (from Petition)

Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant is required to show in order to receive a new trial after newly discovered evidence is found, because a defendant in one circuit has a lower burden of proof than a defendant in another circuit, even though the rest of the circumstances are the same?

Question Presented (AI Summary)

Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant is required to show in order to receive a new trial after newly discovered evidence is found, because a defendant in one circuit has a lower burden of proof than a defendant in another circuit, even though the rest of the circumstances are the same?

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-09
Waiver of right of respondent United States to respond filed.
2018-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2018)

Attorneys

Leslie Chin
Mark J. O'BrienO'Brien Hatfield, P.A., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent