No. 22-5992

Andre Jenkins v. United States

Lower Court: Second Circuit
Docketed: 2022-11-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circumstantial-evidence criminal-conviction criminal-procedure due-process joint-defense motion-for-acquittal severance trial-procedure witness-credibility
Key Terms:
SocialSecurity FifthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-12-09
Question Presented (from Petition)

1. In a case where the proof against petitioner was wholly circumstantial and the eyewitnesses that were necessary to assign his conduct to those circumstances and who provided purported admissions of him, lied so much both inside and outside of the courtroom, when does the cumulative effect render such proof incredible as a matter of law and therefore legally insufficient to sustain convictions?

2. Do the interests of justice warrant a new trial where challenged statements that implicated petitioner made and advanced by a co-defendant near the end of a months-long trial, which, in conjunction with that co-defendant's own testimony, splintered the joint defense effort to the undue prejudice of petitioner?

Question Presented (AI Summary)

Sufficiency-of-evidence

Docket Entries

2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-15
Waiver of right of respondent United States of America, et al. to respond filed.
2022-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2022)

Attorneys

Andre Jenkins
Michael Scott Deal — Petitioner
United States of America, et al.
Elizabeth B. PrelogarSolicitor General, Respondent