No. 23-5090

Travis J. Brown v. California

Lower Court: California
Docketed: 2023-07-13
Status: Denied
Type: IFP
Response RequestedRelisted (3)IFP
Tags: acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (from Petition)

WHETHER A STATE COURT SUBMITS A SUCCESSION OF VERDICTS BOTH GUILTY AND NOT GUILTY OF THE SAME COUNT, AGAINST THE SAME DEFENDANT, AND TO THE SAME TRIAL AND THE TRIAL COURT UNLAWFULLY SELECTS THE GUILTY VERDICT AS THE JURY'S TRUE VERDICT WITHOUT CONSULTING THE DEFENSE ABOUT AN ACTION THAT SHOULD BE TAKEN.

SHOULD PRINCIPLES OF DOUBLE JEOPARDY PROTECT A DEFENDANT FROM SUCCESSIVE PROSECUTIONS OF DOE v. POWELL'S ANALYSIS ON INCONSISTENT VERDICTS COME?

WHETHER THE UNITED STATES SUPREME COURT WAS EXPANDED DOUBLE JEOPARDY PROTECTIONS UNDER THE FIFTH AMENDMENT TO THE U.S. CONSTITUTION TO THE MOST SEVERE INSTANCES OF GOVERNMENTAL CONDUCT THAT GOADS A DEFENDANT INTO MOVING FOR A MISTRIAL. DOES THE APPREHENSION OF AN ACQUITTAL BY A TRIAL JUDGE AMOUNT TO THE LEVEL OF MISCONDUCT NEED IN VIGGES WHERE MERELY PROTECTION?

Question Presented (AI Summary)

Whether principles of double jeopardy protect a defendant from successive prosecutions of inconsistent verdicts contrary to Powell's analysis

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
DISTRIBUTED for Conference of 12/1/2023.
2023-11-14
Reply of petitioner Travis J. Brown filed. (Distributed)
2023-10-30
2023-09-07
Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2023.
2023-09-06
Motion to extend the time to file a response from September 28, 2023 to October 30, 2023, submitted to The Clerk.
2023-08-29
Response Requested. (Due September 28, 2023)
2023-08-24
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2023)

Attorneys

California
Alan Liardon AmannCalifornia Department of Justice, Respondent
Andrea Natalia CortinaAttorney General's Office, Respondent
Michael James MonganState of CA, Department of Justice, Respondent
Travis J. Brown
Travis J. Brown — Petitioner