No. 23A898

Russell Davis v. United States

Lower Court: Sixth Circuit
Docketed: 2024-04-09
Status: Presumed Complete
Type: A
Tags: certiorari criminal-appeal petition-filing pro-se supreme-court time-extension
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the "death results" clause of Title 21 U.S.C. § 841 (a)
(1), (b) (1) (C), applies to subject A where: subject A sells a user
amount of narcotics to subject B, and subject B, without
knowledge or agreement with subject A, sells the narcotic to
subject C, and subject C dies from overdose?

2. Whether the Fourth Amendment doctrine of "good faith"
properly applies to save a facially defective warrant where the
affidavit in support of the warrant was held by the court of
appeals to lack the required nexus between the place to be
searched and criminal activity, and after limited remand, the
magistrate who issued the warrant and the detective who
applied for the warrant could not testify to specific facts orally
communicated to the magistrate which justified issuance of the
warrant?

3. Whether a magistrate abandons his role as a neutral arbiter
where he systemically disregards established legal procedure
hased on a confessed trust of the integrity of the particular
affiant who applied for the warrant, which admittedly causes
the magistrate not to inquire inte and consider the credibility of
the affiant's source?

Question Presented (AI Summary)

Whether a criminal defendant's pro se application for an extension of time to file a petition for certiorari should be granted when the underlying appeal was recently concluded

Docket Entries

2024-04-09
Application (23A898) granted by Justice Kavanaugh extending the time to file until June 2, 2024.
2024-03-04
Application (23A898) to extend the time to file a petition for a writ of certiorari from April 3, 2024 to June 2, 2024, submitted to Justice Kavanaugh.

Attorneys

Russell Davis
Russell Davis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent