No. 20-7968

Charles Ahumada v. United States

Lower Court: Eighth Circuit
Docketed: 2021-05-10
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure circuit-split constitutional-rights criminal-defendants direct-appeal en-banc-review panel-rehearing petition-for-writ-of-certiorari right-to-counsel statutory-provisions
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Should the constitutional right to counsel exist for petitions for panel rehearing and rehearing en banc in a Circuit Court, after an adverse opinion and judgment have been filed?

Question Presented (from Petition)

QUESTION PRESENTED 1. It is settled that criminal defendants have the constitutional right to counsel on direct appeal as of right, up to the point at which an appellate court files an opinion and judgment. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Ross v. Moffitt, 417 U.S. 600, 607 (1974). It is equally settled that they do not have that right for filing petitions of writ for certiorari to this Court. Austin v. United States, 513 U.S. 5, 8 (1994). There is an unsettled circuit split as to whether the right to counsel exists for petitions for panel rehearing and rehearing en banc in a Circuit Court, after an adverse opinion and judgment have been filed. Should the constitutional right to counsel exist for such petitions? i STATEMENT OF

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-09
Brief of respondent United States in opposition filed.
2021-06-30
Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2021.
2021-06-29
Motion to extend the time to file a response from July 9, 2021 to August 9, 2021, submitted to The Clerk.
2021-06-03
Motion to extend the time to file a response is granted and the time is extended to and including July 9, 2021.
2021-06-02
Motion to extend the time to file a response from June 9, 2021 to July 9, 2021, submitted to The Clerk.
2021-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2021)

Attorneys

Charles Ahumada
Steven R. MorrisonThe Morrison Law Practice, Petitioner
Steven R. MorrisonThe Morrison Law Practice, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent