No. 23-5686

David Calhoun v. United States

Lower Court: Third Circuit
Docketed: 2023-10-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 5th-amendment civil-rights counsel-of-choice due-process fifth-amendment government-misconduct harmless-error kotteakos-v-united-states procedural-default sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-10-27 (distributed 2 times)
Question Presented (from Petition)

Could jurists of reason debate the district court's resolution or conclude the issue presented is adequate to deserve encouragement to proceed further, with respect to the denial of Petitioner's Fifth Amendment right to due process where the district court found the government committed multiple breaches of but had found the harmless under the standard set forth in Kotteakos v. United States, 328 U.S. 750 (1946)?

Is a Sixth Amendment claim of denial of counsel of choice subject to procedural default where the trial court fails to hold a hearing on the issue prior to the denial?

Where the Court of Appeals conceded that the record was not developed as to the reason why the trial court denied Petitioner his right to his chosen counsel, was it error for said Court of Appeals to find that Petitioner procedurally defaulted his Sixth Amendment claim of denial of counsel of choice?

Question Presented (AI Summary)

Whether the district court's resolution of the petitioner's Fifth Amendment due process claim was correct, given the government's multiple breaches of conduct and the harmless error standard

Docket Entries

2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-10-05
Waiver of right of respondent United States to respond filed.
2023-10-02
Motion (23M13) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2023-08-02
MOTION (23M13) DISTRIBUTED for Conference of 9/26/2023.
2023-07-19
Motion (23M13) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2023-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2023)

Attorneys

David Calhoun
David Calhoun — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent