No. 20-8200

Brandon Dante Brooks-Davis v. United States

Lower Court: Eighth Circuit
Docketed: 2021-06-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court criminal-procedure fairness-integrity-public-reputation intervening-supreme-court-decision judicial-review plain-error-review substantial-rights supreme-court-decision trial-record
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant's substantial rights or impacted the fairness, integrity, or public reputation of the trial?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Rehaif v. United States, 139 S.Ct. 2191 (2019), this Court held that, in a prosecution under 18 U.S.C. §§ 922(g) and 924(a)(2), the government must prove not only that the defendant knew he possessed a firearm, but also that he knew he belonged to the relevant category of persons prohibited from firearm possession. This term, the Court granted certiorari in Greer v. United States, No. 19-8709, which presents the same question as for Mr. Brooks-Davis: Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity, or public reputation of the trial? i

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-14
Waiver of right of respondent United States to respond filed.
2021-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2021)

Attorneys

Brandon Brooks-Davis
Steven J. WrightLaw Office of Steven J. Wright, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent