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In Re Octavious DeMont Williams

Paid petition

Certiorari denied · March 18, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether petitioner's constitutional due process was violated when he was deprived of the fundamental right that a jury find him guilty of all elements of the crime; and Whether a controlled substance (amount is not the contention) is a distinct element of petitioner's substantive offense; and Whether necessary element of a "controlled substance" not being proven to jury beyond a reasonable doubt violates this Court's precedent, the plain language of 21 U.S.C. § 841 (a) (1), and Constitutional Due Process.

Counsel of record

For petitioner
Octavious DeMont Williams

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Jan 22 2019
    Petition for writ of habeas corpus filed.