No. 21-5911
Michael Herman v. United States
Tags: complete-defense compulsory-process due-process evidence-standard evidentiary-standards mens-rea right-to-present-defense sixth-amendment
Latest Conference:
2022-01-07
Question Presented (from Petition)
Can a defendant's right to present a complete defense be violated by the arbitrary and disproportionate application of a general evidentiary standard when it infringes a weighty interest of the accused, such as negating the mens rea element of the offense, or only where there is a "categorical prohibition of certain evidence," as the Fifth Circuit holds?
Question Presented (AI Summary)
Can a defendant's right to present a complete defense be violated by the arbitrary and disproportionate application of a general evidentiary standard when it infringes a weighty interest of the accused, such as negating the mens rea element of the offense, or only where there is a 'categorical prohibition of certain evidence'
Docket Entries
2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-20
Reply of petitioner Michael Herman filed.
2021-12-08
Brief of respondent United States in opposition filed.
2021-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2021.
2021-10-22
Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
2021-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2021)
Attorneys
Michael Herman
Kristin L. Davidson — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent