No. 20-368

Eric Christopher Hall v. United States

Lower Court: Fourth Circuit
Docketed: 2020-09-23
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment appellate-counsel constructive-possession contraband due-process fifth-amendment intent physical-evidence presentence-report residence
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Does constructive possession violate due process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Does constructive possession established without showing intent or any physical evidence linking defendant to contraband found in a storage bedroom at the residence and on the property where defendant occasionally stayed violate the due process clause of the Fifth Amendment? II. Did the court violate the due process clause of the Fifth Amendment in its exercise of Rule 32(i)(3)(B) disputed issues resolved by adoption in finding the information in the presentencing report was supported by a preponderance of the evidence? III. Did the court abuse its discretion in not allowing the defendant to withdraw appellate counsel for inaccurate statements and relevant issues not addressed in the appellant brief?

Docket Entries

2020-10-19
Petition DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-09-28
Waiver of right of respondent United States to respond filed.
2020-09-16
Petition for a writ of certiorari filed. (Response due October 23, 2020)

Attorneys

Eric Hall
Gwendolyn Leonette SmithThe Gwendolyn Smith Law firm, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent