No. 22-6874

Anael Sainfil v. United States

Lower Court: Second Circuit
Docketed: 2023-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: body-armor-enhancement due-process effective-assistance-of-counsel insufficient-evidence jackson-v-virginia miranda-rights miranda-v-arizona sixth-amendment
Latest Conference: 2023-03-24
Question Presented (from Petition)

1. May this Court's decision in 99, S. Ct. 2781, 61 LED 2d 560
443 U.S. 3079
Jackson v. Virginia as to what constitutes
insufficient evidence be applied to set aside the conviction in
this case?

2. Was due process and right to effective assistance of counsel
under the Fifth and Sixth Amendments violated when Petitioner's
lawyer did not contest pre-miranda statement and conceded in
opening statements to Petitioner being outside bank with
further explanation?no

3. Is it proper for Court's to apply body armor enhancement where
record is devoid of any evidence that Petitioner had knowledge
that one would be used?

4. May this Court's decision in 384 U.S. 436 Miranda v. Arizona
be applied to set aside a conviction in this case.

Question Presented (AI Summary)

May this Court's decision in Jackson v. Virginia be applied to set aside the conviction in this case?

Docket Entries

2023-03-27
Petition DENIED.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2023-03-02
Waiver of right of respondent United States to respond filed.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2023)
2022-10-28
Application (22A361) granted by Justice Sotomayor extending the time to file until January 9, 2023.
2022-10-20
Application (22A361) to extend the time to file a petition for a writ of certiorari from November 8, 2022 to January 7, 2023, submitted to Justice Sotomayor.

Attorneys

Anael Sainfil
Anael Sainfil — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent