Question Presented (from Petition)
1. Did the district court deny Petitioner's constitutional right to present a defense, and thereby commit a trial error of constitutional dimension, when the district court applied the Federal Rules of Evidence in such an arbitrary manner as to effectively remove Evid. R. 801(d)(2)(D) from the evidence rules which Petitioner was permitted to utilize in presenting his entrapment defense to the government's conspiracy charges?
2. Is the district court's error in removing Evid.R. 801(d)(2)(D) from the evidence rules which Petitioner was permitted to utilize in presenting his entrapment defense subject to the more rigorous Chapman harmless error standard which requires the government to prove that the error was harmless "beyond a reasonable doubt," a standard the government cannot meet in the circumstances of this case?
3. Did the Sixth Circuit impermissibly burden Petitioner's exercise of his Fifth Amendment right not to testify at his trial, and otherwise violate his rights, when––in determining whether the district court's error was harmless or not when it barred Petitioner from presenting the 801(d)(2)(D) statements ––the appellate court held that Petitioner's failure to testify in his own defense relegated the district court's error to review for harmlessness under the government-favorable Kotteakos standard and not the more rigorous Chapman standard?
Question Presented (AI Summary)
Did the district court deny Petitioner's constitutional right to present a defense by arbitrarily removing Evidence Rule 801(d)(2)(D) from the available evidence rules in an entrapment defense case?
2025-12-24
DISTRIBUTED for Conference of 1/9/2026.
2025-12-10
Brief of respondent United States in opposition filed.
2025-12-10
Brief of United States in opposition submitted.
2025-11-10
Motion to extend the time to file a response is granted and the time is further extended to and including December 10, 2025.
2025-11-06
Motion to extend the time to file a response from November 13, 2025 to December 10, 2025, submitted to The Clerk.
2025-11-06
Motion of United States for an extension of time submitted.
2025-10-02
Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2025.
2025-09-30
Motion of United States for an extension of time submitted.
2025-09-30
Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
2025-09-09
Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2025.
2025-09-08
Motion to extend the time to file a response from September 12, 2025 to October 14, 2025, submitted to The Clerk.
2025-09-08
Motion of United States for an extension of time submitted.
2025-08-13
Response Requested. (Due September 12, 2025)
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
Waiver of right of respondent United States to respond filed.
2025-08-04
Waiver of United States of right to respond submitted.
2025-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2025)
2025-06-15
Application (24A1234) granted by Justice Kavanaugh extending the time to file until July 30, 2025.
2025-06-11
Application (24A1234) to extend the time to file a petition for a writ of certiorari from June 30, 2025 to July 30, 2025, submitted to Justice Kavanaugh.