No. 20-6196

Mark Xavier Wallace v. United States

Lower Court: Fourth Circuit
Docketed: 2020-11-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause constitutional-challenge criminal-evidence criminal-procedure district-court-procedure due-process evidence fourth-circuit-review hearsay hearsay-testimony standard-of-review
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. Whether the Fourth Circuit erred in affirming that the District Court did not err by admitting inadmissible and highly prejudicial hearsay testimony of Government witness Brandon Douglas. (J.A. 646-718). (Argument I)

2. Whether the Fourth Circuit erred in affirming that the District Court did not err by admitting inadmissible and highly prejudicial hearsay testimony of Government witness Wayne Turner. (J.A. 726-734; 747-761). (Argument II)

3. Whether the Fourth Circuit erred in affirming that the District Court did not err by admitting inadmissible and highly prejudicial hearsay testimony of Government witness Willie Berry. (J.A. 726-734; 767-801). (Argument III)

4. Whether the Fourth Circuit erred in affirming that the District Court did not err in declining to give a limiting instruction upon the admission of a taped conversation between Government witness Brenda Rivera and co-defendant Joseph Benson, which was inadmissible and prejudicial hearsay as to the defendant Wallace. (J.A. 761-767). (Argument IV)

5. Whether the Fourth Circuit erred in not reversing the defendant's conviction and sentence and dismissing the Superseding Indictment with prejudice in light of the United States Supreme Court's June 24, 2019 decision in United States v. Davis, 588 U.S.___ (2019) holding that 18 United States Code Section 924(c)(3)(B) is unconstitutionally vague. (Argument V)

Question Presented (AI Summary)

Whether the Fourth Circuit erred in admitting inadmissible and prejudicial hearsay testimony

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-06
Waiver of right of respondent United States of America to respond filed.
2020-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2020)

Attorneys

Mark Wallace
Andrew Michael SacksSacks & Sacks, P.C., Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent