No. 19-8228
Kirk Russell Marsh v. United States
Response WaivedIFP
Tags: claims-processing criminal-procedure direct-appeal equitable-tolling federal-rules-of-criminal-procedure judicial-procedure mandatory-claims-processing-rule procedural-error unique-circumstances
Key Terms:
HabeasCorpus ClassAction JusticiabilityDoctri
HabeasCorpus ClassAction JusticiabilityDoctri
Latest Conference:
2020-05-15
Question Presented (from Petition)
Whether a trial court's violation of Federal Rule of Criminal Procedure 32(j)(1)
is subject to redress on direct appeal.
II.
Whether an untimely criminal appeal occasioned by a trial court's violation of
Federal Rule of Criminal Procedure 32(j)(1) is subject to equitable tolling.
III.
Whether a trial court's violation of Federal Rule of Criminal Procedure 32(j)(1)
constitutes unique circumstances under the Court's case law to warrant an
exception to a mandatory claims processing rule.
Question Presented (AI Summary)
Whether a trial court's violation of Federal Rule of Criminal Procedure 32(j)(1) is subject to redress on direct appeal
Docket Entries
2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-14
Waiver of right of respondent United States of America to respond filed.
2020-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2020)
Attorneys
Kirk Marsh
James Richard Theuer — James R. Theuer, PLLC, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent