No. 20-7647

Gerti Muho v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-04-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compulsory-process criminal-justice-system evidentiary-admissibility fair-trial fifth-amendment financial-disability pro-se-defendant sixth-amendment witness-subpoena
Key Terms:
ERISA Privacy
Latest Conference: 2021-04-30
Question Presented (from Petition)

Because the deprivation of essential, singular witness testimony supporting an indigent defendant's theory of defense violates the right to compulsory process and a fair trial under the Sixth Amendment and the right against unreasonable discrimination based on financial disability in the criminal justice system, may an appellate court affirm denial of a witness subpoena simply by finding reasons that a district court might have relied on where there is no indication that the district court evaluated discretionary questions of evidentiary admissibility in the first instance?

Question Presented (AI Summary)

Whether the deprivation of essential, singular witness testimony supporting an indigent defendant's theory of defense violates the right to compulsory process and a fair trial under the Sixth Amendment and the right against unreasonable discrimination based on financial disability in the criminal justice system

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-04-07
Waiver of right of respondent United States to respond filed.
2021-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2021)

Attorneys

Gerti Muho
Jacqueline Esther Shapiro — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent