No. 21-8053

Ron Delano Kuntz v. United States

Lower Court: Third Circuit
Docketed: 2022-06-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Whether a conflict arises, thereby compelling federal courts to follow Cuyler v. Sullivan, 446 U.S. 335 (1980), when trial counsel's concurrent representation occurs during critical stages of the district court proceedings, but ends prior to trial.

2. Whether the District Court's imposition of a sentence enhancement not found by the jury violates Alleyne v. United States, 570 U.S. 99 (2013), thereby making summary reversal appropriate.

3. Whether the Sixth Amendment right to a jury trial is violated when a trial court instructs the jury that "interference with commerce by robbery is a crime of violence" in a case where neither the Indictment nor the final instructions to the jury specify the underlying theory of the crime of violence.

Question Presented (AI Summary)

Whether a conflict arises when trial counsel's concurrent representation ends prior to trial

Docket Entries

2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-09
Waiver of right of respondent United States to respond filed.
2022-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2022)

Attorneys

Ron Kuntz
Namosha BoykinThe Boykin Law Firm, PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent