No. 25-6090

Derrick Lorenzo Casey v. United States

Lower Court: Fourth Circuit
Docketed: 2025-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal charging-error fifth-amendment guilty-plea harmless-error structural-error
Latest Conference: 2025-12-12
Question Presented (from Petition)

I. Whether the failure to indict a defendant with the elements of an aggravated offense in violation of the Fifth Amendment is structural error.

II. Whether harmless error review of an Erlinger-based error in the guilty plea context requires assessing what a reasonable jury would have done or whether the proper inquiry is whether a defendant would have pleaded guilty to the aggravated offense.

Question Presented (AI Summary)

Whether a Fifth Amendment charging error for an aggravated offense is structural error and how harmless error review should be applied in the guilty plea context

Docket Entries

2025-12-15
Petition DENIED.
2025-11-26
DISTRIBUTED for Conference of 12/12/2025.
2025-11-18
Waiver of United States of right to respond submitted.
2025-11-18
Waiver of right of respondent United States to respond filed.
2025-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2025)
2025-08-25
Application (25A203) granted by The Chief Justice extending the time to file until November 13, 2025.
2025-08-16
Application (25A203) to extend the time to file a petition for a writ of certiorari from September 14, 2025 to November 13, 2025, submitted to The Chief Justice.

Attorneys

Derrick Lorenzo Casey
Emily Deck HarrillFedearl Public Defender's Office, Petitioner
United States
D. John SauerSolicitor General, Respondent