Jason James Neiheisel v. United States
DueProcess FifthAmendment
Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury could have found the defendant's demeanor to be "substantive evidence of guilt," filling the gap in the government's proof. The Fourth, Fifth, Seventh and Eleventh Circuits are firmly in contrast with the Second, Sixth and DC Circuits.
II. Whether the Eleventh Circuit committed reversible error, as is believed by the First and Ninth Circuits, in allowing a prosecutor to ask a testifying defendant if a federal agent is lying.
Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury could have found the defendant's demeanor to be 'substantive evidence of guilt,' filling the gap in the government's proof