No. 18-927

Emmanuel I. Mekowulu v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-17
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-vagueness criminal-conduct criminal-law criminal-law-procedure due-process ex-post-facto expert-testimony procedural-default standard-of-care vagueness
Latest Conference: 2019-03-01
Question Presented (from Petition)

1. Whether the government's expert's afterthe-fact opinion of the applicable standard of care of Florida Pharmacists is an ex post facto interpretation of the criminal standard of conduct resulting in an unconstitutional conviction based on an ex post facto law.

2. Whether the government's expert's afterthe-fact opinion rendered the standard of criminal conduct unconstitutionally vague.

3. Whether in this § 2255 Motion Petitioner is barred by the doctrine of procedural default for failure to raise these issues on direct appeal.

Question Presented (AI Summary)

Whether the government's expert's after-the-fact opinion of the applicable standard of care of Florida Pharmacists is an ex post facto interpretation of the criminal standard of conduct resulting in an unconstitutional conviction based on an ex post facto law

Docket Entries

2019-03-04
Petition DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-05
Waiver of right of respondent United States of America to respond filed.
2019-01-10
Petition for a writ of certiorari filed. (Response due February 19, 2019)
2018-11-02
Application (18A468) granted by Justice Thomas extending the time to file until January 11, 2019.
2018-10-29
Application (18A468) to extend the time to file a petition for a writ of certiorari from November 12, 2018 to January 11, 2019, submitted to Justice Thomas.

Attorneys

Emmanuel Mekowulu
Donald J. SchutzSchutz & Schutz, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent