No. 25-5021

Dajavan Speaks v. United States

Lower Court: Third Circuit
Docketed: 2025-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-challenge gun-possession nonviolent-offense second-amendment self-defense
Key Terms:
SecondAmendment HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Is § 922(g)(1) unconstitutional as applied to an individual with a nonviolent conviction who was a victim of a drive-by shooting and seeks to possess a firearm for self-defense?

Question Presented (OCR Extract)

Dajavan Speaks is a gainfully employed young man with a singular nonviolent underlying conviction for gun possession. A victim of a prior drive -by shooting, he had a readily understandable self -defense interest at the time of his arrest for the underlying convi ction and his current conviction. His best friend was killed at that time and he and his cousin were injured. He has no juvenile criminal record, no gang affiliation, no drug convictions, was not subject to supervision or a restraining order at the time of his arrest. He had never been charged with using a gun in any way, only with the possession of one. He challenges the constitutionality of § 922(g)(1) as applied to him, and the questions presented are as follows: 1) Is § 922(g)(1) unconstitutional as applied to an individual when he was a victim of a drive by shooting and has been convicted of a non -violent predicate offense, completed his sentence, and is not under supervision? 2) Whether a certificate of appealability should be issued to examine whether 18 U.S.C. § 922(g)(1), as applied in this instance, violates the Second Amendment when reasonable jurists could disagree with the District Court’s decision?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-17
DISTRIBUTED for Conference of 9/29/2025.
2025-07-10
Waiver of United States of right to respond submitted.
2025-07-10
Waiver of right of respondent United States to respond filed.
2025-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2025)
2025-05-19
Application (24A1111) granted by Justice Alito extending the time to file until June 20, 2025.
2025-05-09
Application (24A1111) to extend the time to file a petition for a writ of certiorari from May 21, 2025 to June 20, 2025, submitted to Justice Alito.

Attorneys

Dajavan Speaks
Samuel J. B. AngellDefender Assoc. of Phi., Petitioner
Samuel J. B. AngellDefender Assoc. of Phi., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent