Supreme Court of the United States · Official docket →
Jason Jayavarman v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-3631 · judgment September 30, 2024
Questions presented
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Is indictment duplicitous when it charges two or more offenses in a single count?
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Does Federal Rule of Criminal Procedure 8(a) prohibit the charging of multiple offenses in one count?
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does district court violate Rule 8(a) of the Federal Rules of Criminal Procedure when it knowingly divided Count One of the indictment into two separate sub-counts or charges?
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Do offenses of production and attempted production of child pornography pursuant to 18 U.S.C. §§2251(c) and (e) require an act of traveling in foreign commerce for the purpose of committing the alleged crimes?
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Do the words "and" and "or" have different meanings (especially when they are tucked into different clauses of federal statute or indictment)?
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Does the district court make an error of law when it improperly applied AEDPA's statute of limitations?
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Is the district court's error of law a "mistake" under Federal Rule of Civil Procedure 60(b)(1)?
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Does the district court issue a final judgment when it denied a Rule 60 (b)(1) motion without resolving a claim of statutory error?
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Is trial counsel ineffective when he failed to object to the duplicitous indictment and to the jury charge allowing submission of two charges in Count One to the jury?
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Is trial counsel ineffective when he failed to communicate a government's formal plea offer prior to the offer's expiration?
Counsel of record
For petitioner
Jason Jayavarman
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 06 2025Rehearing DENIED.
- Sep 03 2025DISTRIBUTED for Conference of 9/29/2025.
- May 12 2025Petition for Rehearing filed.
- Apr 21 2025Petition DENIED.
- Apr 02 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 20 2025Waiver of right of respondent United States to respond filed.
- Jan 10 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2025)