No. 18-9202

Edilberto Maso Diaz v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-06-06
Question Presented (from Petition)

1) Did the Fifth Circuit err by affirming the district court admission of
hearsay statements made by an unindicted co-conspirator over the objection of Appellant's trial counsel?

2) Did the Fifth Circuit err by affirming the district court's failure to include Andres Torres in the jury instructions admonishing jurors regarding the reliability of the statements of co-conspirators?

3) Do the above described errors rise to the level of cumulative error?

4) Did the government present sufficient evidence at trial so that any
reasonable trier of fact could find Appellant guilty when it relied
wholly on the contradictory statements of co-conspirators to connect
Appellant to the alleged conspiracy?

Question Presented (AI Summary)

Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of Appellant's trial counsel?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-13
Waiver of right of respondent United States of America to respond filed.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2019)

Attorneys

Edilberto Maso Diaz
Shannon LockeThe Locke Law Group, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent