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Linda Bolton, et vir v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-60502, 17-60576 · judgment October 26, 2018


Certiorari denied · October 7, 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.

Questions presented

  1. Whether tax prosecutions can be now be authorized by the Commissioner of the Internal Revenue Service for investigation by a grand jury and approved for prosecution instead of the Department of Justice as required by statute, creating a new and dangerous legal precedence, resulting in convictions and sentences including orders for terms of imprisonment in this case, that are neither supported by statute or prevailing case law?

  2. Whether the convictions in this case, which are based on perjured witness testimony, can stand when that perjured testimony is directly related to suppression of evidence by the Government in violation of Maryland vs. Brady, and this court’s ruling in Napue v. Illinois, 360 U.S. 264 [1959], and that would allow a criminal defendant to be convicted based on perjury that the prosecution fails to correct, and in violation of the Petitioners constitutional rights to due process under the Fifth and Fourteenth Amendments of the Constitution?

  3. Whether the District Court can develop its own elements for tax evasion by mixing elements from multiple circuits which changes the required statutory elements and does not mirror Fifth Circuit elements for tax evasion just for Petitioner’s case and bias Petitioners case by using different legal standards than other Petitioners in the Fifth Circuit violating

Counsel of record

For petitioner
Linda Bolton

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A864

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 07 2019
    Waiver of right of respondent United States to respond filed.
  4. May 06 2019
    Petition for a writ of certiorari filed. (Response due August 19, 2019)
  5. Feb 26 2019
    Application (18A864) granted by Justice Alito extending the time to file until May 6, 2019.
  6. Feb 25 2019
    Application (18A864) to extend the time to file a petition for a writ of certiorari from March 7, 2019 to May 6, 2019, submitted to Justice Alito.