No. 21-6042

Marques Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2021-10-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-hour criminal-procedure discovery discovery-review due-process fair-trial sixth-amendment trial-preparation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Does the District of South Dakota's Standing Order 16-04 prohibit a defendant from independent review of discovery, denying their Sixth Amendment right to effective cross-examination?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Does the District of South Dakota’s Standing Order 16-04, which prohibits a defendant from independent review their discovery, deny defendants of their Sixth Amendment right to adequately prepare for effective cross examination?; and (2) Did the federal district court deny Smith a fair trial by allowing the government to conduct a "discovery dump" at the "11th Hour" just prior to trial without allowing him to review such discovery independently the night before trial? 1

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-10-27
Waiver of right of respondent United States of America to respond filed.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2021)

Attorneys

Marques Smith
Timothy J. RenschRensch Law Office, Petitioner
Timothy J. RenschRensch Law Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent