No. 22-6837

James Randolph Sherman v. United States

Lower Court: Ninth Circuit
Docketed: 2023-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-fairness criminal-conspiracy drug-offense due-process evidence-sufficiency jury-speculation loose-practice non-incriminating-evidence unfairness-to-defendant
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-03-17
Question Presented (from Petition)

Does the U.S. Constitution embrace a criminal conspiracy conviction when the government presents non-incriminating evidence of innocent conduct regarding what an individual may have known or intended causing the jury to speculate guilt or innocence creating unfairness to a defendant and that this "loose practice" as to conspiracy offenses "constitutes a serious threat to fairness in our administration of justice" and that "the minimum of proof required to establish conspiracy is extremely low" as articulated by Justice Jackson in his concurrence in Krulewitch v. United States, 336 U.S. 440 (1949)? Or should the government be required to prove each element of conspiracy beyond a reasonable doubt?

Question Presented (AI Summary)

Does the U.S. Constitution embrace a criminal conspiracy conviction when the government presents non-incriminating evidence of innocent conduct regarding what an individual may have known or intended causing the jury to speculate guilt or innocence creating unfairness to a defendant and that this 'loose practice' as to conspiracy offenses 'constitutes a serious'

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-27
Waiver of right of respondent United States to respond filed.
2023-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2023)

Attorneys

James Randolph Sherman
Karyn Hilde BucurLaw Office of Karyn H. Bucur, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent