No. 18-9755

Sammy Redi Araya v. United States

Lower Court: Fourth Circuit
Docketed: 2019-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: business-records due-process fourth-circuit-review hearsay hearsay-evidence identification insufficient-evidence perjury perjury-challenge standard-of-review sufficiency-of-evidence
Latest Conference: 2019-10-01
Question Presented (from Petition)

I. Whether the Fourth Circuit erred by failing to find that the District Court compromised Mr. Araya's Constitutional Rights to a Fair Jury Trial by failing to adequately investigate a claim of perjured testimony by a Government Witness?

II. Whether the Fourth Circuit erred by failing to find that the District Court abused its discretion by allowing certain exhibits into evidence under the Business Records Exception (Fed. R. Evid. 803(6)) to the Hearsay Rule (Fed. R. Evid. 802), where the exhibits in question were not business records maintained in the normal course of business?

III. Whether the Fourth Circuit erred by failing to find that the evidence was insufficient to convict Mr. Araya of Counts 1-11?

Question Presented (AI Summary)

Whether the Fourth Circuit erred in affirming the trial court's failure to investigate and conclusively determine if perjury infected the trial

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Waiver of right of respondent United States of America to respond filed.
2019-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)

Attorneys

Sammy Araya
Peter L. GoldmanSaboura, Goldman & Colombo, P.C., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent