William John Ewing v. United States

I. OTHER ACTS EVIDENCE CREATES A SIGNIFICANT RISK OF IMPROPER CONSIDERATIONS BY A JUROR OF A DEFENDANT’S CHARACTER INSTEAD OF THE EVIDENCE RELATED TO THE CHARGES. THE TRIAL COURT ALLOWED EVIDENCE OF A ROBBERY FOR WHICH MR. EWING WAS NOT CHARGED INTO EVIDENCE WITH FOUR OTHER ROBBERIES IN THE INDICTMENT. WHERE THE TRIAL COURT IMPROPERLY DETERMINED PROBATIVE VALUE AND FAILED TO EVALUATE UNFAIR PREJUDICE, IS MR. EWING ENTITLED TO A NEW TRIAL? II. THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT REQUIRES THAT A CRIMINAL PROSECUTION BE SUPPORTED BY PROOF BEYOND A REASONABLE DOUBT. WHERE NO RATIONAL JURY COULD CONCLUDE FROM THE EVIDENCE PRESENTED THAT MR. EWING POSSESED A FIREARM AS DEFINED IN LAW, MUST HIS CONVICTION FOR VIOLATING 18 U.S.C. §924(c) BE VACATED?