No. 19-6953

Donovan G. Davis, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure criminal-proceeding critical-stage direct-appeal new-trial new-trial-motion right-to-counsel sentencing sentencing-guidelines sentencing-procedure
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question One The Constitution guarantees the assistance and choice of counsel for a critical-stage in a criminal proceeding. Ancient statute guarantees every individual the right to The uncertain nature of a federal new-trial motion filed during the pendency of a direct appeal caused the Eleventh Circuit Court of Appeals to deny Donovan Davis, Jr. both rights. Is a new trial motion filed during the pendency of a direct appeal a critical stage in the criminal proceeding or a separate collateral proceeding? ; Question Two : An abbreviated, incomplete, or incorrect sentencing process impugns the public reputation and the integrity of the administration of justice. Rosales— Mireles v. United States, 138 S. Ct. 1987 (2018); Molina~Martinez v. United : States, 136 S. Ct. 1338 (2016). The court of appeals recognized, but nonetheless affirmed the district court's truncated and summary sentencing procedure, which did not permit adversarial testing or apply the Guidelines's framework for ‘ determining relevant conduct. In the absence of a mandatory minimum sentence, does failure to apply the Sentencing Guidelines methodology constitute procedural error that requires vacatur and remand? i

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-27
Waiver of right of respondent United States to respond filed.
2019-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2020)
2019-09-09
Application (19A241) granted by Justice Thomas extending the time to file until December 14, 2019.
2019-08-26
Application (19A241) to extend the time to file a petition for a writ of certiorari from October 15, 2019 to December 14, 2019, submitted to Justice Thomas.

Attorneys

Donovan G. Davis
Donovan G. Davis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent