No. 20-761

Austin Joseph Campbell v. Missouri

Lower Court: Missouri
Docketed: 2020-12-02
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: burden-of-proof consent criminal-law due-process jury-instructions sexual-assault
Key Terms:
DueProcess Privacy
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficient to show that she was "an incapacitated person?"

2. Did the state's argument misstate the burden of proof?

Question Presented (AI Summary)

Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficient to show that she was 'an incapacitated person?'

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-22
Waiver of right of respondent State of Missouri to respond filed.
2020-11-27
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

Austin Campbell
Elizabeth Unger CarlyleCarlyle Parish LLC, Petitioner
State of Missouri
D. John SauerOffice of the Attorney General, Respondent