No. 24-7109

Justin Miles Ness v. United States

Lower Court: Tenth Circuit
Docketed: 2025-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure evidence-standard judicial-discretion jury-instruction plain-error temporal-scope
Latest Conference: 2025-05-29
Question Presented (from Petition)

In this case, there was trial evidence presented regarding a bevy of days, times, and different implements in which the accused allegedly possessed firearms, ammunition, or both. Yet, the accused was only charged with possessing specific items on a specific day—September 8, 2021. Like most charging instruments, the indictment here qualified that date with the familiar "on or about" language. During deliberations, the District Court received a question from the jury that clearly was inquiring how far back in time alleged events of possession were permissible for its consideration—an obvious question in light of the trial evidence. The District Court simply repeated the familiar refrain of "You have all the evidence you need to render your verdict." Was this a plainly improper (and plainly erroneous) response?

Question Presented (AI Summary)

Whether a district court's response of 'You have all the evidence you need to render your verdict' constitutes a plainly improper jury instruction when the jury seeks clarification on the temporal scope of alleged possession

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-05-07
Waiver of United States of right to respond submitted.
2025-05-07
Waiver of right of respondent United States to respond filed.
2025-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2025)
2025-03-31
Application (24A913) granted by Justice Gorsuch extending the time to file until April 30, 2025.
2025-03-21
Application (24A913) to extend the time to file a petition for a writ of certiorari from March 31, 2025 to April 30, 2025, submitted to Justice Gorsuch.

Attorneys

Justin Ness
Ryan A. RayNorman Wohlgemuth, LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent