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Joseph Rachal v. United States
Paid petition · United States Court of Appeals for the First Circuit, No. 17-1788 · judgment July 18, 2018
Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Question presented
No one can legitimately deny that a felony conviction is exceedingly prejudicial. That is why evidence of a felony conviction is normally admissible only if it is relevant to a fact at issue, and then only if the probative value is not outweighed by the prejudicial effect. But in a prosecution for being a “felon in possession of a firearm,” the government is allowed to introduce evidence of the defendant’s prior felony conviction before the jury even makes a determination that the defendant was, in fact, in possession of the firearm at issue. The Question Presented is: Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the defendant was, in fact, in possession of the firearm at issue? Stated differently, should the trial of a charge of being a felon in possession of a firearm be bifurcated into two phases?
Counsel of record
For petitioner
Allison Koury
For respondent
Noel John Francisco
Jones Day
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, December 10, 2018 · Certiorari denied
Proceedings
- Dec 10 2018Petition DENIED.
- Nov 20 2018DISTRIBUTED for Conference of 12/7/2018.
- Nov 08 2018Waiver of right of respondent United States to respond filed.
- Oct 29 2018Petition for a writ of certiorari filed. (Response due December 3, 2018)