No. 22-6665
Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States
IFP
Tags: criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2023-05-11
Question Presented (from Petition)
May a court sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return?
Question Presented (AI Summary)
Whether a court may sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return
Docket Entries
2023-05-15
Petition DENIED.
2023-04-20
DISTRIBUTED for Conference of 5/11/2023.
2023-04-17
Reply of petitioners Orlando Cortez-Nieto, et al. filed.
2023-04-03
Brief of respondent United States in opposition filed.
2023-02-10
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
2023-02-09
Motion to extend the time to file a response from March 2, 2023 to April 3, 2023, submitted to The Clerk.
2023-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2023)
Attorneys
Orlando Cortez-Nieto, et al.
Paige A. Nichols — Kansas Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent