No. 21-6691
Tags: acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance
Latest Conference:
2022-02-18
Question Presented (from Petition)
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?
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?
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. Drake — Drake Law LLC, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent