No. 21-6222

Marc E. Bercoon v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-11-09
Status: Denied
Type: IFP
IFP
Tags: bank-of-nova-scotia-v-us chapman-v-california constitutional-rights due-process fifth-amendment grand-jury harmless-error judicial-review prosecutorial-misconduct
Latest Conference: 2022-01-07
Question Presented (from Petition)

Whether Petitioners rights vnder the Grand Jury Clause of the Fifth Amendment were violated when:
(a) a timely Fild moton under Federal Rules of Cominal Procdure 12(b)(2) asserting that prejudicial False evidence that dve process violations under Napuev.Ilnois, 300U.S. 264 l95 was presented to the grand jury and (b) the motion was denied applying plain errer review wben there had been no pior de nove review of the record?

(2) Whether dve process violations in the grandjury arising From prosecutorial miscondvct should be reviewed under California, 386 0.5. 18 (1967) rather than that set Forthin BANk of Nova Scotia v. U.S., 487U.5.250l188), which by SuJa lts is limited to non-constituTional violations?

(3) Whether an indictment that does not satisFy the criteria in Costello v.U.S., 350 U.5.359 (1956) creates subject matter jurisdiction in a Federal District Court over a capital criminal case?

Question Presented (AI Summary)

Whether Feritiener's rights were violated

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2021)

Attorneys

Marc E. Bercoon
Marc E. Bercoon — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent