No. 18-922
Tags: attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review
Key Terms:
DueProcess FourthAmendment Punishment CriminalProcedure Privacy Jurisdiction
DueProcess FourthAmendment Punishment CriminalProcedure Privacy Jurisdiction
Latest Conference:
2019-03-15
Question Presented (from Petition)
(1) What is the appropriate standard of review to be employed when a court orders the forfeiture of attorney's fees to the State?
(2) Does a criminal defense attorney have a superior right to possession of monies tendered to him by a client as attorney's fees, though the client may have stolen the funds without the attorney's knowledge?
(3) May a criminal defense attorney assert his client's Sixth Amendment rights to recoup attorney's fees seized by the State?
(4) Does forfeiture of attorney's fees from a criminal defense attorney violate the Excessive Fines clause of the Eighth Amendment?
Question Presented (AI Summary)
What is the appropriate standard of review for the forfeiture of attorney's fees?
Docket Entries
2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2018-12-27
Petition for a writ of certiorari filed. (Response due February 15, 2019)
Attorneys
ABRAHAM M. FISCH
R. Scott Shearer — Attorney at Law, Petitioner