No. 24-6244

Darrell Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2025-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: asset-forfeiture constitutional-rights criminal-prosecution due-process legal-representation representative-counsel
Latest Conference: 2025-02-21
Question Presented (from Petition)

The questions presented here concern whether '"'Rowland v. California
Men's Colony II" should be modified, clarified, or further addressed
to answer the following questions:

1. Can companies, stripped of untainted assets, be prosecuted
without representative counsel?

2. Do companies qualify for the same "representative counsel"
protective rights offered individuals under "Luis v. U.S."
wherein untainted assfets, designated to 'pay legal fees, are
stripped from the companies, preventing the companies from
hiring representative counsel in criminal matters?

3. Can "Rowland" be "weaponizea" in a criminal matter to deny
companies constitutional rights of due process and representative
counsel?

Question Presented (AI Summary)

Can companies be prosecuted without representative counsel when untainted assets are stripped, and do they qualify for the same constitutional protections as individuals under Luis v. U.S.?

Docket Entries

2025-02-24
Petition DENIED.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2025-01-13
Waiver of United States of right to respond submitted.
2025-01-13
Waiver of right of respondent United States to respond filed.
2024-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2025)

Attorneys

Darrell Smith
Darrell Smith — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent