No. 20-6524

Joshua D. Myers v. Georgia

Lower Court: Georgia
Docketed: 2020-12-03
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure
Latest Conference: 2021-02-19
Question Presented (from Petition)

Whether the State proved the essential element of "without the consent" beyond a reasonable doubt.

Whether the trial court's refusal to charge the lesser included offense of sexual battery denied Petitioner a complete defense.

Question Presented (AI Summary)

Whether the State proved the essential element of 'without the consent' beyond a reasonable doubt

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2020-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Joshua D. Myers
Frances C. KuoFrances C. Kuo, Attorney At Law, Petitioner