No. 22-6058

Justin David Martin v. United States

Lower Court: Sixth Circuit
Docketed: 2022-11-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver
Key Terms:
CriminalProcedure
Latest Conference: 2022-12-09
Question Presented (AI Summary)

Whether the federal prosecution's reliance on a state search warrant without making it part of the formal record 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? 2. Can structural error be waived? ii

Docket Entries

2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-18
Waiver of right of respondent United States to respond filed.
2022-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2022)

Attorneys

Justin Martin
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