No. 21-1291

Rodney Muschette v. United States

Lower Court: Second Circuit
Docketed: 2022-03-24
Status: Denied
Type: Paid
Response Waived
Tags: 404(b)-evidence 5th-amendment circuit-split confrontation-clause due-process fifth-amendment fundamentally-unfair-trial hearsay-testimony sixth-amendment
Latest Conference: 2022-04-22
Question Presented (from Petition)

I. Was Mr. Muschette Denied his 5th Amendment Right to Due Process when Admission of 404(b) evidence in violation of the test set forth in this Court's decision in Huddleston v. United States, 485 U.S. 681 (1988) created evidence solely of his propensity to engage in unlawful acts, resulting in a Fundamentally Unfair Trial, and a conflict between the Circuits in the standards of admission of such evidence?

II. Was Mr. Muschette Denied his 6th Amendment Right to Confront Witnesses Against him when the Court Impermissibly Allowed Testimony from a Deceased Witness at his own Murder Trial in violation of this Court's Decisions in Crawford v. Washington, 541 U. S. 36 (2004), Giles v. California, 554 U.S. 353 (2008) and Hemphill v. New York, No. 20-637 (2022)?

III. Was Mr. Muschette's Denied his 5th Amendment Right to Remain Silent when his Involuntary Post-Arrest Statements were Admitted at trial?

IV. Was Mr. Muschette Denied his 5th Amendment Right to Due Process when the Trial court, and the Court of Appeals, failed to apply the Rules of Evidence in admitting hearsay without exception, specifically a letter written by an Assistant United States Attorney and Photographs of a Tattoo, resulting in a Fundamentally unfair trial?

Question Presented (AI Summary)

Was Mr. Muschette denied his 5th Amendment right to due process?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-03-30
Waiver of right of respondent United States to respond filed.
2022-03-22
Petition for a writ of certiorari filed. (Response due April 25, 2022)

Attorneys

Rodney Muschette
Stacey Van MaldenStacey Van Malden, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent