No. 20-5301

David L. Shanks, Jr. v. United States

Lower Court: Seventh Circuit
Docketed: 2020-08-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process federal-court fifth-amendment judicial-procedure sixth-amendment trial-commencement trial-in-absentia
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether Federal Rule of Criminal Procedure 43 and a criminal defendant's Fifth and Sixth Amendment rights are violated

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Federal Rule of Criminal Procedure 43 and a criminal defendant’s Fifth and Sixth Amendment rights are violated when a Federal Judge appears at a defendant’s cell in a local county jail and indicates that the trial is commencing there and then, and then recesses the proceedings only to later begin jury selection at the Federal courthouse in the defendant’s absence when the defendant was never initially present at the actual commencement of his trial at the courthouse and he did not voluntarily absent himself from his actual trial. ii

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-12
Waiver of right of respondent United States to respond filed.
2020-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)

Attorneys

David L. Shanks, Jr.
Kent R. CarlsonKent R. Carlson & Associates PC, Petitioner
Kent R. CarlsonKent R. Carlson & Associates PC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent