No. 21-911

Dan V. Sharp v. United States

Lower Court: Fifth Circuit
Docketed: 2021-12-21
Status: Denied
Type: Paid
Response Waived
Tags: confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance
Key Terms:
Securities
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the Court erred in failing to sever the counts by date

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Court erred in failing to sever the counts by date. 2. Whether the Court erred in requiring the Appellant to appear in shackles in front of the Jury. 3. Whether the trial should be remanded for a new trial due to ineffective assistance of counsel. 4, Whether the 18 USC 924 convictions should be overturned because: a. The firearms were not “used” in the commission of a drug offense. b. There was no proof of “intent to distribute” 5. Whether the convictions in counts 2-6 should be overturned due to the fact that there was no proof of “constructive possession” of the narcotics by Appellant. 6. Whether or not the Appellant’s Confrontation Clause rights were violated by the testimony of Officer Brea about what the informant told him. 7. Whether the Court erred in denying the Motion to Suppress of the Appellant regarding the traffic : stop of February 14, 2018. 8. Whether or not the Court Erred in failing to determine on the record if there would have been any delay in allowing the Standby Counsel to resume his role as counsel of record for the Appellant and if this should cause this cause to remanded for a new trial.

Docket Entries

2022-02-22
Petition DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2022-01-05
Waiver of right of respondent United States to respond filed.
2021-10-22
Petition for a writ of certiorari filed. (Response due January 20, 2022)

Attorneys

Dan V. Sharp
Dan V. Sharp — Petitioner
Dan V. Sharp — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent