No. 23-5063

Bradley M. Cox v. United States

Lower Court: Seventh Circuit
Docketed: 2023-07-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compulsory-process constitutional-rights criminal-procedure due-process federal-criminal-procedure interstate-commerce interstate-nexus judgment-of-acquittal motion-for-judgment-of-acquittal sufficiency-of-evidence threat-of-damage
Latest Conference: 2023-09-26
Question Presented (from Petition)

Regarding generally motions for judgment of acquittal and their consideration and review:

1. Has the "light most favorable to the Government/prosecution" standard been incorrectly applied sufficiency of the evidence review on federal criminal cases?

2. Is this standard a violation of a federal criminal defendant's constitutional rights?

3. Is considering the jury's verdict, whether by the district or appellate court, a correct method for determining the motion?

4. Does the nature of considering a motion for judgment of acquittal require the examination of each element of the crimes charged in the indictment?

5. What is the best standard under which to consider a motion for judgment of acquittal that satisfies the rights of a defendant and the values of society?

Regarding specific statutes and what their language requires to be proven:

6. Of the three alternative interstate nexus elements listed in 18 U.S.C. §2251(a), which one(s) allow indictment and conviction as an attempt under 2251(e)?

7. Does conviction under 18 U.S.C. §875(d) require the Government to present evidence establishing the existence of the property/reputation claimed to be threatened?

8. Under §875(d), must the threat of damage be explicit or can it be inferred as potential collateral damage from the actual threat?

Regarding compulsory process:

9. Can an indigent and incarcerate defendant be denied compulsory process of a necessary witness after multiple pretrial attempts at service?

10. Is timeliness a factor in considering compulsory process motions?

Other:

11. Does Federal Rule of Evidence 404(b) apply to a defendant only or to a third-party as well?

12. Is a defendant's right to a meaningful opportunity to present a complete defense infringed upon when admission of "reverse 404(b) evidence" (third party guilt) is held to stricter standards of relevancy than general 404(b) evidence?

13. When a motion to suppress is made during trial should the trial judge ascertain if good-cause exists before denying it as untimely?

14. Is a motion untimely per Federal Rule of Criminal Procedure 12(c)(3) if the basis for the motion was not reasonably available prior to trial?

Question Presented (AI Summary)

Question not identified

Docket Entries

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-17
Waiver of right of respondent United States to respond filed.
2023-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2023)

Attorneys

Bradley M. Cox
Bradley M. Cox — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent