No. 24-5027

Jovan Marquis Harris v. United States

Lower Court: Eighth Circuit
Docketed: 2024-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Did the trial court err when it refused to instruct the
jury that the heroin distributed by the defendant was the same
heroin that caused the victims' overdoses in violation of this
Court's precedent in Burrage v. United States?

2. Did the District Court err when it refused to grant Harris
an evidentiary hearing in accord with 28 U.S.C. § 2255(b) as there
was a contested issue of material fact that would have entitled
Harris to relief?

Question Presented (AI Summary)

Did the trial court err when it refused to instruct the jury that the heroin distributed by the defendant was the same heroin that caused the victims' overdoses?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-29
Waiver of United States of right to respond submitted.
2024-07-29
Waiver of right of respondent United States to respond filed.
2024-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2024)
2024-04-26
Application (23A963) granted by Justice Kavanaugh extending the time to file until June 21, 2024.
2024-04-18
Application (23A963) to extend the time to file a petition for a writ of certiorari from April 22, 2024 to June 21, 2024, submitted to Justice Kavanaugh.

Attorneys

Jovan M. Harris
Jovan Marquis Harris — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent