No. 21-6851
Response WaivedIFP
Tags: acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure
Latest Conference:
2022-03-04
Question Presented (from Petition)
Where the trial judge (1) stated that the defendant is "not guilty of felony murder;" (2) told
the jury that their answers to special questions on the verdict slip "do not support a conviction for
first degree murder;" and (3) instructed the jury that the only question left for them to decide was
whether the defendant was "guilty or not guilty of second degree murder," did the defendant's
subsequent conviction for first degree felony murder violate his constitutional right against double
jeopardy ?
Question Presented (AI Summary)
Did the defendant's conviction for first degree felony murder violate his constitutional right against double jeopardy?
Docket Entries
2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-14
Waiver of right of respondent Massachusetts to respond filed.
2022-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)
Attorneys
Joel Quiles
James L. Sultan — Rankin & Sultan, Petitioner
Massachusetts
Anna E. Lumelsky — Massachusetts Attorney General's Office, Respondent