No. 20-8217

Donald R. Turner, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2021-06-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-claim due-process fifth-amendment ineffective-assistance just-compensation mandatory-minimum private-property procedural-error sentencing-enhancement takings
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. WHETHER DEFENDANTS RECEIVED EFFECTIVE ASSISTANCE OF COUNSEL DURING SENTENCING IN WHICH COUNSEL FAILED TO BRIEF OR PRESERVE THE SUPREME COURT'S RULING ENUNCIATED IN ALLEYNE V. UNITED STATES, WHICH RESULTED IN AN ERRONEOUS INCREASE IN THE MANDATORY MINIMUM SENTENCED, WITHOUT THE REQUISITE JURY'S FINDING.

2. WHETHER THE DISTRICT COURT COMMITTED PLAIN ERROR WHEN IT IMPOSED A LIFE SENTENCE TO DEFENDANTS IN VIOLATION OF THE SUPREME COURT'S RULING IN ALLEYNE V. UNITED STATES.

3. WHETHER THE DISTRICT COURT ERRED BY A PREPONDERANCE OF THE EVIDENCE STANDARD IN FINDING DEFENDANT(S) RESPONSIBLE FOR A DRUG TYPE AND QUANTITY NOT SUBMITTED TO OR FOUND BY THE JURY, IN VIOLATION OF THE RULE ANNOUNCED IN ALLEYNE.

Question Presented (AI Summary)

Whether the government's seizure of private property without just compensation violates the Takings Clause of the Fifth Amendment

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-09
Waiver of right of respondent United States to respond filed.
2021-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2021)

Attorneys

Donald R. Turner
Donald Turner Jr. — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent