No. 25-871

Glenn Allen Brooks v. United States

Lower Court: District of Columbia
Docketed: 2026-01-22
Status: Pending
Type: Paid
Response Waived
Tags: appellate-rights burdick-precedent criminal-procedure due-process fifth-amendment presidential-pardon
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether a Presidential pardon can be forcibly imposed on a defendant against his will when he seeks to continue pursuing appellate review and exoneration

Question Presented (from Petition)

1. Whether a Presidential pardon automatically moots a pending appeal when the defendant has clearly expressed his intent to reject or refuse the pardon and continue pursuing exoneration. 2. Whether acceptance of a pardon can be imputed to a defendant against his will, extinguishing his appellate rights, in light of this Court’s holding in Burdick v. United States , 236 U.S. 79 (1915), that a pardon carries an imputation of guilt which the recipient is free to reject. 3. Whether the D.C. Circuit erred in treating the government’s motion under Federal Rule of Criminal Procedure 48(a) to vacate and dismiss a conviction as a basis for denying appellate review, where the petitioner seeks adjudication on the sufficiency of the evidence and vindication of his innocence. 4. Whether forcing a pardon upon a defendant over his objection violates fundamental due process rights under the Fifth Amendment and deprives him of the liberty interest to choose appellate review of his conviction.

Docket Entries

2026-02-11
Waiver of United States of America of right to respond submitted.
2026-02-11
Waiver of right of respondent United States of America to respond filed.
2025-11-21
Petition for a writ of certiorari filed. (Response due February 23, 2026)
2025-08-29
Application (25A238) granted by The Chief Justice extending the time to file until November 21, 2025.
2025-08-27
Application (25A238) to extend the time to file a petition for a writ of certiorari from September 22, 2025 to November 21, 2025, submitted to The Chief Justice.

Attorneys

Glenn Brooks
Alexander L. RootsPlanalp & Roots, P.C., Petitioner
Alexander L. RootsPlanalp & Roots, P.C., Petitioner
Alexander L. RootsPlanalp & Roots, P.C., Petitioner
United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent