No. 23-5162

DeMario B. Griffin v. United States

Lower Court: Eighth Circuit
Docketed: 2023-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court criminal-procedure direct-appeal due-process fifth-amendment jurisdiction mandate-recall right-to-counsel sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Does Griffin have a right to counsel on his first direct appeal under the Fifth Amendment?

2. Does Griffin have a right to counsel on his first direct appeal under the Sixth Amendment?

3. Based on the fact that Griffin was not appointed counsel after the Eighth Circuit Court of Appeals recalled the Mandate of 11/18/2008 and re-instated Griffin's first direct appeal (Doc.121), was the Eighth Circuit Court of Appeals required to recall the Mandate again, re-instate Griffin's first direct appeal, and appoint Griffin counsel to correct its error in judgment?

Question Presented (AI Summary)

Does Griffin have a right to counsel on his first direct appeal under the Fifth Amendment?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-08-01
Waiver of right of respondent United States to respond filed.
2023-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)

Attorneys

DeMario B. Griffin
DeMario B. Griffin — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent