No. 18-7228

Dashawn D. Brown v. United States

Lower Court: Fourth Circuit
Docketed: 2019-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. WHETHER THE SENTENCING COURT ERRED IN ADMITTING
HEARSAY STATEMENTS AS EXCITED UTTERANCES.

2. WHETHER THE COURT ERRED IN ADMITTING HEARSAY
STATEMENTS AS PRIOR IDENTIFICATION.

3. WHETHER THE COURT ERRED IN FINDING THAT THE RESIDUAL
HEARSAY EXCEPTION WOULD BE APPLICABLE, EVEN IF THE
EXCITED UTTERANCE AND PRIOR IDENTIFICATIN EXCEPTIONS
WERE NOT APPLICABLE.

4. WHETHER THE EVIDENCE WAS SUFFICIENT TO FIND THAT THE
DEFENDANT COMMITTED A CRIME IN VIOLATION OF HIS TERMS OF
SUPERVISED RELEASE.

Question Presented (AI Summary)

Whether the sentencing court erred in admitting hearsay statements as excited utterances

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Waiver of right of respondent United States to respond filed.
2018-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2019)

Attorneys

Dashawn D. Brown
Charles Arthur GavinCawthorn, Deskevich & Gavin, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent