No. 21-6691

Aaron Hicks v. United States

Lower Court: Second Circuit
Docketed: 2021-12-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance
Key Terms:
FifthAmendment JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a court cure the conflict by severing the cases rather than disqualifying counsel?

Question Presented (OCR Extract)

Questions Presented 1. When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a court cure the conflict by severing the cases rather than disqualifying counsel? 2. Did the government’s unfettered use of acquitted conduct to prove the defendant’s guilt violate the issue preclusion component of the Double Jeopardy Clause?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-05
Waiver of right of respondent United States of America to respond filed.
2021-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2022)

Attorneys

Aaron Hicks
Jamesa J. DrakeDrake Law LLC, Petitioner
Jamesa J. DrakeDrake Law LLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent