No. 19-5497

John McGill v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-08-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment
Latest Conference: 2020-11-06 (distributed 3 times)
Question Presented (from Petition)

1. When a district court issues erroneous jury instructions
that include (a) to consider conviction with less than guilt
beyond all reasonable doubt and (b) instruction that contravenes
the established Pattern Jury Instructions, crafted to address
a particular charged offense, violate an American citizens
Fifth and/or Sixth Amendment rights?

2. Does a district court seeking to secure a conviction that
does not comport to the plain language nor Congressional intent
of the statute, violate an American citizens Constitutional
rights?

3. Does the absence of expert testimony in a jury trial deprive
a defendant of their right to present a viable defense therefore
violate their Sixth Amendment right?

4. Does the Eleventh Circuit Court 's absence of the normal pro
cedures followed by other courts set precedential producing
opinions that is depriving inmates of a process that could reveal
them to be wrongfully incarcerated?

Question Presented (AI Summary)

When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt and (b) instruction that contravenes the established Pattern Jury Instructions, crafted to address a particular charged offense, violate an American citizens Fifth and/or Sixth Amendment rights?

Docket Entries

2020-11-09
Rehearing DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-06-03
Petition for Rehearing filed.
2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-20
Reply of petitioner John McGill filed. (Distributed)
2019-12-18
Brief of respondent United States in opposition filed.
2019-10-16
Motion to extend the time to file a response is granted and the time is further extended to and including December 18, 2019.
2019-10-15
Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
2019-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.
2019-10-08
Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
2019-09-18
Response Requested. (Due October 18, 2019)
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-14
Waiver of right of respondent United States to respond filed.
2019-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

John McGill
John H. McGill — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent