No. 23-5973

Richard C. Duerson v. United States

Lower Court: Sixth Circuit
Docketed: 2023-11-08
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-error constitutional-rights criminal-procedure critical-stage cronic-standard due-process due-process-rights ineffective-assistance-of-counsel prejudice strickland-test strickland-v-washington united-states-v-cronic
Key Terms:
DueProcess
Latest Conference: 2024-02-23 (distributed 2 times)
Question Presented (AI Summary)

Has the Supreme Court overruled United States v. Cronic, eliminating the presumption that an accused has suffered Constitutional error without the showing of prejudice, when counsel is either totally absent from, or prevented from assisting the accused during a critical stage of trial?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1.) Has the Supreme Court overruled United States v. Cronic, s eliminating the presumption that an accused has suffered Constitutional error without the showing of prejudice, when counsel is either totally absent from, or prevented from assisting the accused during a critical stage of trial? 2.) Does the fact that counsel was granted an additional 32 days to meet with accused for pre-trial preparation, because they had not done so, erase the presumption of prejudice, when counsel still fails to meet with the accused in those allocated ~ 39 days? . 3.) Whether lower Courts should explain why the Cronic : analysis does not apply when denying a defendant's “absence of counsel during a critical stage” claim under Strickland?

Docket Entries

2024-02-26
Rehearing DENIED.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2023-12-21
Petition for Rehearing filed.
2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
Waiver of right of respondent United States to respond filed.
2023-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2023)

Attorneys

Richard C. Duerson
Richard C. Duerson — Petitioner
Richard C. Duerson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent