No. 18-6824

Martavious Detrel Banks Keys v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 349 U.S. 81 (1955) on double-jeopardy bell-v-united-states congressional-intent criminal-procedure double-jeopardy fifth-amendment law-enforcement mens-rea multiple-punishments single-statute testimony
Key Terms:
FifthAmendment
Latest Conference: 2019-01-04
Question Presented (from Petition)

I. This Court should grant certiorari in this case to answer to resolve a division in the case law and an important question of double jeopardy jurisprudence: whether the Fifth Circuit violated this Court's holding in Bell v. United States, 349 U.S. 81 (1955), that there must be a showing of congressional intent to impose multiple punishments in a single trial for violations of separate subsections of a single statute.

II. This Court should grant certiorari in this case to correct the Fifth Circuit's erroneous and dangerous finding that law enforcement officers and agents can testify that in their opinion the defendant committed all the elements of the offense, including the mens rea elements.

Question Presented (AI Summary)

Whether the Fifth Circuit violated this Court's holding in Bell v. United States, 349 U.S. 81 (1955), that there must be a showing of congressional intent to impose multiple punishments in a single trial for violations of separate subsections of a single statute

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.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)

Attorneys

Martavious Detrel Banks Keys
Peter Michael FleuryOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent