No. 24-6244

Darrell Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2025-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: asset-forfeiture constitutional-rights criminal-prosecution due-process legal-representation representative-counsel
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Can companies be prosecuted without representative counsel when untainted assets are stripped, and do they qualify for the same constitutional protections as individuals under Luis v. U.S.?

Question Presented (OCR Extract)

here concern whether '"'Rowland v. California Men's Colony II" should be modified, clarified, or further addressed to answer the following questions: 1. Can companies, stripped of untainted assets, be prosecuted without representative counsel? 2. Do companies qualify for the same "representative counsel" protective rights offered individuals under "Luis v. U.S." wherein untainted assfets, designated to 'pay legal fees, are stripped from the companies, preventing the companies from hiring representative counsel in criminal matters? 3. Can "Rowland" be "weaponizea" in a criminal matter to deny companies constitutional rights of due process and representative counsel? (ii)

Docket Entries

2025-02-24
Petition DENIED.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2025-01-13
Waiver of United States of right to respond submitted.
2025-01-13
Waiver of right of respondent United States to respond filed.
2024-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2025)

Attorneys

Darrell Smith
Darrell Smith — Petitioner
Darrell Smith — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent