Monday, March 7, 2011

Snipes Petition for Certiorari Raises Venue Issues

Wesley Snipes filed a petition for certiorari on 2/28/11. The petition is here.  You will recall that he was convicted of three counts of failure to file. See blog on affirmance, "Wesley Snipes Conviction and Sentence Affirmed ." The questions raised in the petition are:


1. Is an accused person deprived of the right under Article III and the Sixth Amendment to be tried only by a jury of the community where venue is proper, when factual questions determinative of whether venue has been correctly laid are determined solely by a jury selected in the place challenged by the defendant as incorrect?

2. Where venue is a contested factual issue in a criminal trial, does the government bear a burden of proof beyond a reasonable doubt or only by a preponderance of the evidence?

The docket entries are here.

Will post more as I get it, but have to admit that my interest level in the questions presented is low. Hopefully, if there are some real nuggets there readers will chime in and correct my misimpression about the case.

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