No. 24A703

Gavin Blake Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2025-01-16
Status: Presumed Complete
Type: A
Tags: appellate-review criminal-procedure due-process personal-safety pretrial-release substantive-rights
Latest Conference: N/A
Question Presented (from Petition)

For a criminally accused, such as the Applicant/Petitioner, conditionally released subject to certain terms and conditions pursuant to 18 U.S.C. § 3142 — who (i) expressly enters into such release order for reasons of personal safety (e.g. most reasonable persons would believe being at-liberty would be vastly safer than being detained in a penal capacity) — while (ii)(a) timely appealing such collateral pretrial release order interlocutory and (b) seeking substantive due process on such respective terms and conditions of pretrial release that materially and detrimentally affect fundamental rights (e.g. Fourth Amendment) of the accused — is such release as effectuated by an accused in order to, a priori, promptly secure a safer living environ despite alleged due process violations effectively render the release as involuntary under such circumstances — or — do 'any and all' pretrial release situations, including those expressly entered into for reasons of personal safety, unilaterally and absolutely foreclose interlocutory appellate review upon release and render each of district court substantive due process as moot and circuit court procedural and substantive due process as moot?

Question Presented (AI Summary)

Whether a criminal defendant's pretrial release, entered into for personal safety reasons, precludes interlocutory appellate review of substantive due process challenges to the release conditions

Docket Entries

2025-01-17
Application (24A703) granted by Justice Alito extending the time to file until May 10, 2025.
2025-01-07
Application (24A703) to extend the time to file a petition for a writ of certiorari from March 11, 2025 to May 10, 2025, submitted to Justice Alito.

Attorneys

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