No. 21-7157

Richard Lucas v. United States

Lower Court: Second Circuit
Docketed: 2022-02-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split cocaine cocaine-definition controlled-substances criminal-arrest criminal-procedure plain-error probable-cause statutory-interpretation
Key Terms:
Takings FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-03-18
Question Presented (from Petition)

1. If a state statue's definition of "cocaine " differs from the federal definition of
"cocaine" based on the plain, unambigu ous language of the statutes, is the
District Court's failure to notice this difference "clear" and "obvious" for the
purpose of "plain error" review?
2. Whether an individual who runs aw ay from a police encounter can be
arrested when the basis of th e arrest is not established?

Question Presented (AI Summary)

Whether a state statute's definition of 'cocaine' differs from the federal definition based on the plain, unambiguous language of the statutes

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-23
Waiver of right of respondent United States of America to respond filed.
2022-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2022)

Attorneys

Richard Lucas
Robert Charles SingerSinger Legal PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent