No. 20-6044

Luidgi Benjamin v. United States

Lower Court: Second Circuit
Docketed: 2020-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: character-evidence character-testimony criminal-procedure district-court-jurisdiction due-process enticement evidentiary-admission judicial-discretion jury-instructions venue venue-challenge
Latest Conference: 2020-11-13
Question Presented (from Petition)

1. Should certiorari be granted where venue was laid in the
Southern District of New York, even though no elements of the crime
occurred there, including enticement?

2. Should certiorari be granted because a jury cannot be deemed
to have disregarded a court's admonition not to consider what even the
District Court conceded was a mistakenly admitted admission of guilt?

3. Should certiorari be granted because the government placed
Petitioner's character in issue, in its case-in-chief, by eliciting from
Darryn Denver that he had a reputation as a "swindler,' to prove he
acted in conformity with that trait?

Question Presented (AI Summary)

Should venue be proper where no elements of the crime occurred?

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-21
Waiver of right of respondent United States to respond filed.
2020-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)

Attorneys

Arza Feldman & Feldman, et al.
Arza Rayches FeldmanFeldman & Feldman, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent