No. 19-5857

Jonathan P. Flom v. United States

Lower Court: Second Circuit
Docketed: 2019-09-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquittance civil-rights confrontation-clause constitutional-violation deliberation due-process fundamental-error government-misconduct material-disclosure sentence-enhancement vacatur
Latest Conference: 2019-10-11
Question Presented (from Petition)

I. Whether the Order of Dismissal with Prejudice as an Acquittance provides preclusive and legal force, requiring Vacatur; Whether various violations of the Confrontation Clause violated Petitioner's due process rights and impaired the jury right to fair deliberation, requiring Vacatur.

2. Whether constitutional violations as fundamental error arose when the district court subverted witness testimony and improperly qualified use of a conscious avoidance jury instruction, requiring Vacatur.

3. Whether the government's failure to disclose Brady material, including a waiver of attorney client privilege, only made a constitutional violation, requiring Vacatur.

4. Whether the Order of Dismissal with Prejudice as an Acquittance, and use of incorrect statute at sentencing, demand that Petitioner's sentence be immediately corrected to remove sentence enhancements.

Question Presented (AI Summary)

Whether the Sense of Remized Plea Bargaining Acceptance provides exclusive Sixth Amendment right, requiring VACATUR

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-13
Waiver of right of respondent United States to respond filed.
2019-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2019)

Attorneys

Jonathan P. Flom
Jonathan P. Flom — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent