No. 25-5465

David Nicholson v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constructive-possession controlled-substance criminal-procedure dominion-and-control intent-to-distribute post-offense-admission
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a conviction under 21 U.S.C. § 841 for possession with intent to distribute a controlled substance can be sustained based solely on constructive possession inferred from joint occupancy or proximity to hidden contraband without clear evidence of dominion and control, and an uncorroborated post-offense admission not made to law enforcement

Question Presented (from Petition)

1. Whether a conviction under 21 U.S.C. § 841 for possession with intent to distribute a controlled substance can be sustained based solely on (1) constructive possession inferred from joint occupancy or proximity to hidden contraband without clear evidence of dominion and control, and (2) an uncorroborated post-offense admission not made to law enforcement, where no independent evidence confirms the essential element of possession. STATEMENT REGARDING PARTIES TO THE CASE The names of all parties to the case are contained in the caption of the case.

Docket Entries

2025-10-06
Petition DENIED.
2025-09-11
DISTRIBUTED for Conference of 9/29/2025.
2025-09-05
Waiver of United States of right to respond submitted.
2025-09-05
Waiver of right of respondent United States to respond filed.
2025-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2025)
2025-05-15
Application (24A1092) granted by Justice Alito extending the time to file until June 25, 2025.
2025-05-09
Application (24A1092) to extend the time to file a petition for a writ of certiorari from May 26, 2025 to July 10, 2025, submitted to Justice Alito.

Attorneys

David Nicholson
James Patrick WhalenWhalen Law Office, Petitioner
James Patrick WhalenWhalen Law Office, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent