No. 19-5336

John S. Benchick v. United States

Lower Court: Sixth Circuit
Docketed: 2019-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-reporting due-process exculpatory-evidence government-misconduct mandatory-victims-restitution-act prosecutorial-misconduct restitution right-to-appeal trial-record trial-transcript unbiased-prosecutor witness-testimony
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Does the Defendant have a right to a true and correct record of his trial, that the Court Reporter failed to properly transcribe witness testimony, objections to denied Exculpartory Evidence, statements by the Defendant, i.e in order to properly argue his appeal and receive Due Process?

2. Does a Defendant have a right to Exculpartory Evidence that was denied at trial, under Rules of Evidence as "too confusing for the jury" and "too time consuming for the court", that clearly denied Defendant Due Process?

3. Does a Defendant have a right to Exculpartory Evidence that the FBI agrees were between the government's witness and the Defendant, yet the Court rules is hearsay? The Court affirmation was clear error.

4. the District Court and Appeals Court fail to follow Supreme Court cases Can that address M.V.R.A. (Mandatory Victims Robers v. U.S. and Boccagna v. U.S Restitution Act) , which go to the heart of restitution, that clearly states that the recepient of restitution has to be a Direct or Proximate victim, and that the victim can not reap a windfall.

Does the Government have an obligation and duty to follow precedent cases, 5. and Haskell v. Super- such as Napue v. Illinois, Giglio v. U.S DeMarco v. U.S intendent Greene SCI, that addresses when the Government knows their witness(s) are lying or are perjuring themselves in order to escape prosecution or a reduction in sentencing?

Does a Defendant have a right to an unbiased Prosecutor? 6.

Question Presented (AI Summary)

Does the Defendant have a right to a true and correct record of his trial

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States to respond filed.
2018-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)
2018-08-16
Application (18A175) granted by Justice Kagan extending the time to file until September 24, 2018.
2018-06-26
Application (18A175) to extend the time to file a petition for a writ of certiorari from July 26, 2018 to September 24, 2018, submitted to Justice Kagan.

Attorneys

John Benchick
John S. Benchick — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent