The GUN Forum

Find answers, ask questions, and connect with our
community around the world.

home Forums – The GUN Forum Firearms SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court’s 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns

  • SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court’s 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns

     ashley308 updated 11 months, 2 weeks ago 2 Members · 2 Posts
  • ashley308

    Member
    June 15, 2021 at 11:11 am

    SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court’s 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns

  • sintaur

    Guest
    June 15, 2021 at 11:11 am

    > Greer’s conviction resulted from a jury trial
    during which Greer did not request—and the District Court did not
    give—a jury instruction requiring the jury to find that Greer knew he
    was a felon when he possessed the firearm. Gary pled guilty to two
    counts of being a felon in possession of a firearm. During Gary’s plea
    colloquy, the District Court did not advise Gary that, if he went to trial,
    a jury would have to find that he knew he was a felon when he pos-
    sessed the firearms.

    The appeal was over the jury not receiving instructions that the defendant must be aware he was a felon to have the gun charge stick. A successful appeal needed to include evidence he didn’t know he was a felon.

    Not only did he not include any such evidence, the record showed that prior to this particular case, he had multiple felony convictions. So it was a meritless appeal — even if the jury had received the instruction, the outcome would have been the same.

Viewing 1 - 2 of 2 replies
Reply to: ashley308
Your information:

Cancel
Start of Discussion
0 of 0 posts June 2018
Now