No. 19-8389

Edward Yarbrough, Jr. v. J. Sullivan, Warden

Lower Court: Ninth Circuit
Docketed: 2020-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bill-of-rights criminal-procedure due-process evidentiary-error federal-rules federal-rules-of-civil-procedure plain-error prosecutorial-misconduct remarks-authentication reversible-error trial-court
Key Terms:
Securities Immigration
Latest Conference: 2020-06-11
Question Presented (from Petition)

1. Whether a prosecutor's uninvited inflammatory remarks made
in summation, absent a timely/explicit curative instruction,
so infected the trial with unfairness as to constitute plain error
under Rule salb) of the F.R.C.P., and thus infringed a specific
provision of the Bill of Rights?

Question Presented (AI Summary)

Whether a prosecutor's uninvited inflammatory remarks made in summation, absent a timely explicit curative instruction, so infected the trial with unfairness as to constitute plain error under Rule 51(b) of the FRCP, and thus infringed a specific provision of the Bill of Rights?

Docket Entries

2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-05-22
Waiver of right of respondent J. Sullivan to respond filed.
2020-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2020)

Attorneys

Edward Yarbrough
Edward Yarbrough Jr. — Petitioner
J. Sullivan
Toni Raven Johns-EstavilleCalifornia Department of Justice, Office of the Attorney General, Respondent