No. 20-7019

Kourtney Williams v. United States

Lower Court: First Circuit
Docketed: 2021-02-03
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review criminal-procedure due-process grand-jury jury-finding mens-rea petit-jury plain-error
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was not indicted, nor tried, nor convicted, using evidence never presented to a grand or petit jury?

Does an appellate court's affirmance of a conviction under these circumstances violate due process under this Court's decisions in Cole v. State of Arkansas, 333 U.S. 196 (1948) and Dunn v. United States, 442 U.S. 100 (1979)?

Question Presented (AI Summary)

Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was not indicted, nor tried, nor convicted, using evidence never presented to a grand or petit jury?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-05
Memorandum of respondent United States filed.
2021-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2021)

Attorneys

Kourtney Williams
Jessica Lea LaClairLaw Office of Jessica LaClair, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent