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Richard M. Camacho v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 19-0157/AR · judgment May 23, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 2% cert probability

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

Question presented

I. Whether the Army’s Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence, diluted the “guilty beyond a reasonable doubt” standard of proof in criminal prosecutions, violated Fundamental Due Process, and disregarded the Sixth Amendment’s guaranty of a full and fair trial. II. Whether the trial court, conditioned by the SHARP program’s reversal of the presumption of innocence, deprived Petitioner of his Constitutional Right to Fundamental Due Process where it allowed 13 instances of serious prosecutorial misconduct, to include making material misrepresentations in open court about digital images with which the prosecution tampered and on which the prosecution relied at trial, which further deprived Petitioner of the ability to put on a complete defense. III. Whether the trial court, influenced by the SHARP program’s degradation of the presumption of innocence, wrongly admitted an unsigned, undated, typed copy of an “apology” letter introduced as uncharged misconduct to prove Petitioner may have assaulted his spouse and the purported victim a decade earlier, and hearsay testimony of her mother describing a graphic and degrading sexual assault of her daughter, which she did not witness. IV. Whether the Army Court, predisposed to affirming guilt due to the SHARP program, misapplied its 10 U.S.C. § 866 plenary de novo

Counsel of record

For petitioner
John N. Maher
Maher Legal Services PC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Sep 03 2019
    Waiver of right of respondent United States to respond filed.
  4. Aug 21 2019
    Petition for a writ of certiorari filed. (Response due September 23, 2019)