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Yancey J. Myers v. United States
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 24-3293 · judgment January 7, 2025
Questions presented
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. Where a disqualified trial judge recuses himself due to substantial prejudice/bias; POSTCONVICTION! is there a structural error because said judge already presided/heard as accuser and adjudicator?
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. Does abuse of discretion or a structural error arise.* when a claim of jury misconduct,a hearing, and motion for new/mistrial is denied by a trial judge later disqualified for prejudice/bias?
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.When the verdict form, and the jury instructions essential elements are altered from the charge in the indictment can a conviction stand or is it grounds for dismissal of that count or the indictment as a whole?
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. Can a claim of actual innocence made prior to a 2255 but denied, v provide for equittable tolling of the statue of limitations of a 2255?
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. Where the U.S. Constitution prohibits Ex-Post Facto laws, what is the meaning and/or extent of the meaning "prohibits" when a lower court allows anGadmitted ex-post facto violation as a harmless error?
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. When the government admits that the answer to a deliberation questi ion (expert testimony not turned over to defense before trial)"is not part of the evidence" has the government admitted a brady violation due to the answer presumbly affecting the verdict?
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i.' When a government expert witness falsettestimony/mistake goes un corrected, ,can said conviction be upheld, when the testimony placed a substantial prejudice on the juries verdict?
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. When defense counsel makes a erroneous concession of guilt in final arguments, with no admission of guilt from the defendant, can such pre judice make cocivictibn reliable'.on’ evidence-or erroneous concession ?
Counsel of record
For petitioner
Yancey J. Myers
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 02 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 24 2025Waiver of right of respondent United States to respond filed.
- Jul 23 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2025)