No. 21-740

Richard E. Paulus, M.D. v. United States

Lower Court: Sixth Circuit
Docketed: 2021-11-18
Status: Denied
Type: Paid
Tags: appellate-jurisdiction criminal-procedure double-jeopardy due-process ethical-violations fraud-upon-court fraud-upon-the-court government-misconduct
Key Terms:
FifthAmendment DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2022-04-22
Question Presented (from Petition)

1. Did the Sixth Circuit err by ruling that it lacked jurisdiction to consider Petitioner's allegations of fraud upon the court and ethical and due process violations by the government when evaluating his double jeopardy claim?

2. When the government commits fraud upon an appellate court in securing reversal of a post-trial judgment of acquittal and reinstatement of a jury verdict, and that verdict is later set aside, can the defendant rely on the initial acquittal to invoke the protections of the Double Jeopardy Clause and bar a second trial?

Question Presented (AI Summary)

Did the Sixth Circuit err in ruling it lacked jurisdiction to consider allegations of fraud upon the court and due process violations in evaluating a double jeopardy claim?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-04-04
Reply of petitioner Richard E. Paulus, M.D. filed. (Distributed)
2022-03-18
Brief of respondent United States in opposition filed.
2022-02-14
Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2022.
2022-02-11
Motion to extend the time to file a response from February 18, 2022 to March 18, 2022, submitted to The Clerk.
2022-01-11
Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2022.
2022-01-07
Motion to extend the time to file a response from January 19, 2022 to February 18, 2022, submitted to The Clerk.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2022.
2021-12-15
Motion to extend the time to file a response from December 20, 2021 to January 19, 2022, submitted to The Clerk.
2021-11-15
Petition for a writ of certiorari filed. (Response due December 20, 2021)

Attorneys

Richard E. Paulus, M.D.
Robert Stephen BennettBennett Locicero & Liu LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent