No. 22-6617

Winsloe Duhaney v. United States

Lower Court: District of Columbia
Docketed: 2023-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure double-jeopardy implied-acquittal statutory-interpretation sufficiency-of-evidence
Latest Conference: 2023-02-17
Question Presented (from Petition)

After a defendant on appeal challenges the sufficiency of the evidence under the subsection of the criminal statute under which he was convicted, and, in the trial court, the trier of fact had a full opportunity to convict based on another subsection of the statute but did not reach this subsection, does an appellate court violate Double Jeopardy when it remands a case for the trial court to enter alternative findings of fact and conclusions of law under the other subsection of the statute?

Question Presented (AI Summary)

Does an appellate court violate Double Jeopardy when it remands a case for the trial court to enter alternative findings of fact and conclusions of law under another subsection of the statute after a defendant challenges the sufficiency of the evidence under the subsection of conviction?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-31
Waiver of right of respondent United States to respond filed.
2023-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Winsloe Duhaney
Timothy ConeTimothy Cone, Esq., Petitioner