No. 20-7448

Shuntario Johnson v. United States

Lower Court: Sixth Circuit
Docketed: 2021-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (from Petition)

Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny in that it violated Mr. Johnson's due process rights, his right to present a defense, his right to present evidence on his own behalf, and his right to confront the witnesses against him.

Whether the district court's failure to advise the jury that Mr. Johnson had to be in possession of a firearm specified in the indictment created such jury confusion on a critical issue, that reversal is mandated.

Question Presented (AI Summary)

Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny in that it violated Mr. Johnson's due process rights, his right to present a defense, his right to present evidence on his own behalf, and his right to confront the witnesses against him

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-19
Waiver of right of respondent United States of America to respond filed.
2021-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2021)

Attorneys

Shuntario Johnson
Barry Jason McWhirterMcWhirter Law Firm, PLLC, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent