No. 18-9617

Randolph Harris Austin v. United States

Lower Court: Fourth Circuit
Docketed: 2019-06-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cocaine cocaine-base constitutional-rights constitutional-safeguards democratic-constraints due-process grand-jury grand-jury-indictment indictment jury-instructions procedural-rights procedural-safeguards
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whe re the grand jury alleged c ocaine base and the jury was instructed
that it didn't matter whether it was c ocaine b ase or cocaine and the judgment
says c ocaine base , does this circumvent the democratic constraints and
proce dural safeguards guaranteed by the Constitution including the right to a
grand jury indic tment and Due Process ?

Question Presented (AI Summary)

Whether the grand jury's indictment for cocaine base and the jury's instruction that it did not matter whether it was cocaine base or cocaine, which resulted in a judgment for cocaine base, violated the constitutional rights to a grand jury indictment and due process

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-18
Waiver of right of respondent United States to respond filed.
2019-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2019)

Attorneys

Randolph Austin
Aaron E. Michel — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent