No. 18-5979

Malik Derry v. United States

Lower Court: Third Circuit
Docketed: 2018-09-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence
Latest Conference: 2018-10-12
Question Presented (from Petition)

A. Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated when neither a criminal defendant nor his counsel is present at the hearing at which prejudicial evidence is admitted.

B. Whether the Government's suppression of information that included co-conspirators' statements impeaching a cooperating witness and casting doubt on the Government's theory that a murder was in furtherance of the conspiracy violated petitioners' due process rights under Brady v. Maryland, 373 U.S. 83 (1963).

Question Presented (AI Summary)

Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-20
Waiver of right of respondent United States to respond filed.
2018-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Malik Derry
Joshua MarkowitzMarkowitz Law Firm, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent