No. 18-8773
Emmanuely Germain v. United States
Tags: criminal-procedure criminal-procedure-error essential-elements harmless-error jurisdiction jury-instructions statutory-interpretation sufficiency-of-evidence uncharged-offense venue venue-error
Latest Conference:
2019-10-01
Question Presented (from Petition)
1. Is the error of omission of an essential element of an offense from jury instructions rendered harmless by the sufficiency of evidence to support a conviction of a related uncharged offense?
2. Does a defendant's failure to object to venue permit the district court to exercise jurisdiction over an offense outside its territorial and statutory jurisdiction and bar review of the venue error?
Question Presented (AI Summary)
Is the omission of an essential element of an offense from jury instructions harmless if there is sufficient evidence to support a conviction of a related uncharged offense?
Docket Entries
2019-10-07
Petition DENIED.
2019-08-06
Reply of petitioner Emmanuely Germain filed. (Distributed)
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Brief of respondent United States in opposition filed.
2019-05-13
Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2019.
2019-05-10
Motion to extend the time to file a response from May 10, 2019 to June 10, 2019, submitted to The Clerk.
2019-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)
Attorneys
Emmanuely Germain
Richard C. Klugh Jr. — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent