No. 18-7820

Kelly Winton Pierce v. Erik Hooks

Lower Court: Fourth Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration
Latest Conference: 2019-04-12
Question Presented (from Petition)

BELOME UACDNSTITUTIONAL IN VIDLATIDAL OF
DUE
PROCESS LHEN THE TRIAL JUDGE LHAISGES
AND
EXPALDS THE DEFIILITIAN DF A
ESSESTIAL ELEMELLT DF THE LRIME CHARGED.

2. WHETHER A LRIMINAL DEFEUDAUT IS
DEUIED DF THE RIGHT TD BE FOUND DT GUILTY
DF THE CRIME LHARGED WHEL THE TRIAL JUDGE'S
JURY INSTRULTIDNS CHAUCGES AUD EXPAIDS THE
DEFINITIDN OF AN ESSEUTIAL ELEMEST OF
THE CRIME CHARMED.

3.
WIHETHER THE LGDVERLMELT IS RELIEVED DF
ITS BURDEN DF PRDDF BEYDLD A REASOUABLE
DOUBT WHEN THE TRIAL JUDGE LHAUGGES
ANN EXPAUIDS THE EFINITID DF AU
ESSENTIAL ELEMET.

4
WIHETHER A (RIMINAL DEFENDANT'S CDUVIL-

TIDN IS DBTAINED UPDN ILSUFFILIENT
EVIDEVE
WHEL A TRIAL JUDGE CHASGES
AUND EXPANDS THE DEFILLITID DF AU
ESSENTIAL ELEMENT DF THE CRIME CHARGED, JUSZ
BELAUSE HE DEFENDAUT WAS REBUIKED tO
REGiSTER AS A SEX DFFEUIDER.

Question Presented (AI Summary)

Whether a criminal defendant's jury trial was fundamentally violated due to the trial judge's jury instructions that changed and expanded the definition of an essential element of the crime charged

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-13
Waiver of right of respondent Erik Hooks to respond filed.
2019-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Erik Hooks
Clarence Joe DelForge IIIN.C. Department of Justice, Respondent
Kelly W. Pierce
Kelly Winton Pierce — Petitioner