No. 19-6232

Jason James Neiheisel v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-11-08
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-16
Waiver of right of respondent United States to respond filed.
2019-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2019)

Attorneys

Jason Neiheisel
Jason James Neiheisel — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent