No. 24-6966

Mick J. Careaga v. United States

Lower Court: Ninth Circuit
Docketed: 2025-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquittal criminal-procedure due-process jury-verdict lesser-included-offense trial-by-jury
Key Terms:
DueProcess FifthAmendment HabeasCorpus Privacy
Latest Conference: 2025-05-02
Question Presented (from Petition)

I. Whether the Due Process clause permits a court to ignore without inquiry a jury's finding of Not Guilty on a lesser, necessarily included charge, while accepting the same jury's finding, on the same verdict form, of Guilty on the greater charge.

II. Whether the right to a trial by jury is violated when a jury returns a form of verdict which both acquits a defendant of a necessarily included offense and convicts that same defendant of the greater offense, and the trial court ignores the acquittal.

Question Presented (AI Summary)

Whether the Due Process clause permits a court to ignore a jury's finding of Not Guilty on a lesser, necessarily included charge while accepting the same jury's finding of Guilty on the greater charge

Docket Entries

2025-05-05
Petition DENIED.
2025-04-17
DISTRIBUTED for Conference of 5/2/2025.
2025-04-15
Waiver of United States of right to respond submitted.
2025-04-15
Waiver of right of respondent United States to respond filed.
2025-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2025)

Attorneys

Mick Careaga
Michael B. BernaysAllen, Kimerer & LaVelle, Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent