No. 23-6074

Sylvester Onyejiaka, Jr. v. Missouri

Lower Court: Missouri
Docketed: 2023-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: controlled-substance criminal-law double-jeopardy fifth-amendment missouri-opinion possession-of-controlled-substance sentencing unlawful-use-of-weapon weapon-possession
Latest Conference: 2024-01-12
Question Presented (from Petition)

Is a defendant's Fifth Amendment right against double jeopardy violated when a conviction and sentence is entered and imposed for unlawful use of a weapon while in possession of a controlled substance, and for possession of a controlled substance, when the controlled substance used to establish violation of both offenses was the same controlled substance?

Question Presented (AI Summary)

Whether a defendant's Fifth Amendment right against double jeopardy is violated when convictions and sentences are entered for unlawful use of a weapon while in possession of a controlled substance and possession of the same controlled substance

Docket Entries

2024-01-16
Petition DENIED.
2023-12-28
DISTRIBUTED for Conference of 1/12/2024.
2023-12-22
Waiver of right of respondent Missouri to respond filed.
2023-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2023)

Attorneys

Missouri
Evan Joseph BuchheimAtty Gen. of Missouri, Respondent
Sylvester Onyejiaka, Jr.
Nina Marie McDonnellMcDonnell Appeals, LLC, Petitioner