No. 18-6841

Robert K. Stewart v. North Carolina

Lower Court: North Carolina
Docketed: 2018-11-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights criminal-procedure due-process grand-jury indictment true-bill
Key Terms:
DueProcess
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (from Petition)

(1)
As used in an indictment, is the name ofthe
defendant, the date of the affense, And the rame of
the County, where the ALLeged offense Was committed
material Facts of AN OFFense As opposed to essen.
tial elements of AN offense that may be proofed
AT TRiAL ?

(2) Was A Plain. error of A Constitutional Magni
COUNTy NORTH CAROLINA, reTUrNEd A TRUC BiLL
of indictment, without finding
the material fact's
of The offense ToO be TRuC?

Question Presented (AI Summary)

Whether the name of the defendant, the date of the sentences, and the time and county where the alleged offense was committed are material facts of an offense as opposed to essential elements that must be proven at trial?

Docket Entries

2019-03-04
Rehearing DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-01-12
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-12
Waiver of right of respondent State of North Carolina to respond filed.
2018-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)

Attorneys

Robert K. Stewart
Robert K. Stewart — Petitioner
State of North Carolina
Amy Kunstling IreneNorth Carolina Department of Justice, Respondent