No. 25-6470

Jose Ferrer-Sosa v. United States

Lower Court: First Circuit
Docketed: 2026-01-02
Status: Pending
Type: IFP
Response WaivedIFP
Tags: apprendi-violation fair-trial mental-health-evidence prosecutorial-disclosure sentencing witness-competency
Key Terms:
CriminalProcedure JusticiabilityDoctri
Latest Conference: 2026-02-20
Related Cases: 25-6471 (Vide)
Question Presented (from Petition)

1. Whether the right to a fair trial is violated when a judge tells the jury that the only witness to a conspiracy was competent, after the witness had provided uncorroborated, vague, bizarre, contradictory, and unresponsive testimony.

2. Whether the district court erred in sentencing the defendant to a life sentence, when the element of death that increases the punishment from 10 years to life was not found by the jury, in violation of Apprendi v. United States.

3. Whether the appeals court erred by not considering defendant's arguments on the prosecution's nondisclosure of a relevant mental health condition suffered by the only witness to the conspiracy when it was part of the conviction and sentence appealed.

Question Presented (AI Summary)

Whether the right to a fair trial is violated when a judge tells the jury that the only witness to a conspiracy was competent after providing uncorroborated and contradictory testimony; whether the district court erred in sentencing the defendant to life imprisonment without jury finding of death-qualifying element; whether the appeals court erred by not considering prosecution's nondisclosure of witness's mental health condition

Docket Entries

2026-01-22
DISTRIBUTED for Conference of 2/20/2026.
2026-01-13
Waiver of right of respondent United States to respond filed.
2025-12-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2026)

Attorneys

Jose Ferrer-Santos
Jose Ramon Olmo-RodriguezJROLMO LAW LLC, Petitioner
United States
D. John SauerSolicitor General, Respondent