Supreme Court of the United States · Official docket →
Justin Michael Wilson v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 19-4732 · judgment December 29, 2020
Questions presented
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In Holloway v. United States, 526 U.S. 1 (1999), this Court held that an “empty threat” of violence is not sufficient to demonstrate that a person charged with carjacking, in violation of 18 U.S.C. § 2119, has the necessary intent, to cause serious bodily harm or death, to be convicted of that offense. In this case, Petitioner brandished a firearm he knew was unloaded and made threats while stealing a vehicle. The question presented is whether there was sufficient additional evidence presented that Petitioner acted with the intent necessary to sustain his conviction for carjacking and his related conviction for possession of a firearm in connection with a crime of violence, in violation of 18 U.S.C. § 924(c).
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In Giglio v. United States, 405 U.S. 150 (1972), this Court held that the prosecution’s obligation to disclose exculpatory material from Brady v. Maryland, 373 U.S. 83 (1963), extended to material that would impeach prosecution witnesses. In this case, the Government withheld statements of key witnesses made during preparation for trial that contradicted earlier given statements in ways that bolstered the Government’s case with regard to the intent element of carjacking. The issue presented is whether the district court erred by denying Petitioner a new trial based on the Government’s failure to disclose those statements.
Counsel of record
For petitioner
Jonathan David Byrne
Federal Pub Defender S. Dist.
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jun 17 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 11 2021Waiver of right of respondent United States of America to respond filed.
- May 28 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2021)