Supreme Court of the United States · Official docket →
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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 20, 2025 · Certiorari denied
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)