No. 24-6698

Joseph Smith v. United States

Lower Court: District of Columbia
Docketed: 2025-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge cross-section-challenge duren-test fourth-amendment jury-selection systemic-exclusion
Latest Conference: 2025-04-17
Question Presented (AI Summary)

What is the proper test to determine a cross-section challenge under the Duren second prong, and how to resolve if intertwined within the 'systemic exclusion' of the third prong?

Question Presented (OCR Extract)

1.) What is the proper test to determine a cross-section challenge under the Duren 1s second prong. And, how to resolve if intertwined within the 'systemic exclusion' of the third prong?external factors ' are 2.). Whether or not, allowing the executing law-enforcement officers to enlarge the probable cause, search and seize, based on : (a) What they are armed with the knowledge of ; (b) that are net presented to the issuing authority ; and .. (c) their interpretation of the Statutes, and not of the issuing authority over-breadth' or 'particularity' concerns of the Fourth; • implicates the Amendment? 3.) Whether or not a district court retain discretion to sequester a witness, irrespective of a party's attempt to designate, once an appropriate record is developed by the parties? a «J

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-20
Waiver of right of respondent United States to respond filed.
2025-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2025)

Attorneys

Joseph Smith
Joseph Smith — Petitioner
Joseph Smith — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent