No. 18-6746

Joseph Haymore, et al. v. United States

Lower Court: Ninth Circuit
Docketed: 2018-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure judicial-precedent severance severance-motion waiver waiver-rule
Latest Conference: 2019-01-04
Question Presented (from Petition)

Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review. Only the Ninth Circuit applies a wholesale waiver rule, which conflicts with the other courts of appeals, Federal Rule of Criminal Procedure 52(b), and this Court's precedent.

Question Presented (AI Summary)

Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
Waiver of right of respondent United States to respond filed.
2018-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

Joseph Haymore, et al.
Timothy Allen ScottScott Trial Lawyers, APC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent