Supreme Court of the United States · Official docket →
Charles Ahumada v. United States
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 19-3632 · judgment April 22, 2021
Certiorari denied · October 4, 2021
Question presented
- It is settled that criminal defendants have the constitutional right to counsel on direct appeal as of right, up to the point at which an appellate court files an opinion and judgment. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Ross v. Moffitt, 417 U.S. 600, 607 (1974). It is equally settled that they do not have that right for filing petitions of writ for certiorari to this Court. Austin v. United States, 513 U.S. 5, 8 (1994). There is an unsettled circuit split as to whether the right to counsel exists for petitions for panel rehearing and rehearing en banc in a Circuit Court, after an adverse opinion and judgment have been filed. Should the constitutional right to counsel exist for such petitions?
Counsel of record
For petitioner
Steven R. Morrison
The Morrison Law Practice
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 26 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 09 2021Brief of respondent United States in opposition filed.
- Jun 30 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2021.
- Jun 29 2021Motion to extend the time to file a response from July 9, 2021 to August 9, 2021, submitted to The Clerk.
- Jun 03 2021Motion to extend the time to file a response is granted and the time is extended to and including July 9, 2021.
- Jun 02 2021Motion to extend the time to file a response from June 9, 2021 to July 9, 2021, submitted to The Clerk.
- May 06 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2021)