No. 21-1063

Elaine Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2022-02-01
Status: Denied
Type: Paid
Response Waived
Tags: conspiracy criminal-acquittal due-process fifth-amendment health-care-fraud presumption-of-innocence statutory-interpretation unjust-compensation unjust-conviction-and-imprisonment
Latest Conference: 2022-02-25
Question Presented (from Petition)

1. Whether 28 U.S.C. § 2513's requirement that a defendant acquitted because of insufficient evidence must affirmatively disprove the factual allegations of an indictment before obtaining compensation from the Government is contrary to the Due Process Clause of the Fifth Amendment, because it negates the presumption of innocence.

Question Presented (AI Summary)

Whether 28 U.S.C. § 2513's requirement that a defendant acquitted because of insufficient evidence must affirmatively disprove the factual allegations of an indictment before obtaining compensation from the Government is contrary to the Due Process Clause of the Fifth Amendment, because it negates the presumption of innocence

Docket Entries

2022-02-28
Petition DENIED.
2022-02-09
DISTRIBUTED for Conference of 2/25/2022.
2022-02-04
Waiver of right of respondent United States to respond filed.
2022-01-28
Petition for a writ of certiorari filed. (Response due March 3, 2022)

Attorneys

Elaine Davis
Herbert V. Larson Jr.The Law Offices of Herbert V. Larson, Jr., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent