No. 22-5327

Lavone Ganithus Dixon, Jr. v. United States

Lower Court: Sixth Circuit
Docketed: 2022-08-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-procedure court-record due-process evidence-admission federal-prosecution record-of-court search-warrant structural-error
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the federal prosecution's reliance on an unfiled state search warrant constitutes structural error

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the admission of evidence without making such search warrant part of the formal record of the United States District Court by filing it with the District Court? Does the virtually universal practice of federal prosecutors of obtaining state search warrants, then using those state search warrants in federal prosecutions without filing those state search warrants with the District Court, constitute structural error as said warrants usually are critical to the outcome of the case? Is the Constitutionally mandated structure for a search of Petitioner’s residence, i.e., the existence of a search warrant, violated by holding that an unfiled document not included in the formal record of the state court of record constitutes a search warrant? Does this constitute structural error? ii

Docket Entries

2022-10-03
Petition DENIED.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-16
Waiver of right of respondent United States to respond filed.
2022-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2022)

Attorneys

Dixon
Gregory C. SasseGregory C. Sasse LLC, Petitioner
Gregory C. SasseGregory C. Sasse LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent