No. 18-9445
Response WaivedIFP
Tags: alternate-theories constitutional-rights criminal-conviction criminal-procedure due-process equal-protection griffin-v-united-states jury-instructions sufficiency-of-evidence yates-v-united-states
Latest Conference:
2019-06-20
Question Presented (from Petition)
DOES THE HOLDING IN GRIFFIN V UNITED STATES, 502 U.S. 46, 112 S.CT 466 (1992), WHICH MODIFIED YATES V. UNITED STATES, 354 U.S. 298, 77 S.CT 1064 (1957), ALLOW A CONVICTION BASED ON ALTERNATE THEORIES OF OFFENSE WHEN ONLY ONE THEORY IS SUPPORTED BY THE EVIDENCE, BUT THE STATE PRESENTED NO EVIDENCE ON THE OTHER THEORY?
DOES IT VIOLATE DUE PROCESS AND/OR EQUAL PROTECTION FOR A DEFENDANT TO BE CONVICTED AS A PRINCIPAL TO A CRIME WHEN THE ACTUAL PERPETRATOR, IN THE SAME TRIAL, IS ACQUITTED OF THE CRIME?
Question Presented (AI Summary)
Does the holding in Griffin v United States allow a conviction based on alternate theories of offense when only one theory is supported by the evidence, but the state presented no evidence on the other theory?
Docket Entries
2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-30
Waiver of right of respondent State of Florida to respond filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2019)
Attorneys
State of Florida
Celia A. Terenzio — Respondent
Volvick Vassor
Volvick Vassor — Petitioner