No. 18-1024

Lenard Johnson v. Richard Winfrey, Jr.

Lower Court: Fifth Circuit
Docketed: 2019-02-06
Status: Denied
Type: Paid
Experienced Counsel
Tags: 4th-amendment accrual-of-claim civil-rights false-statements fourth-amendment fourth-amendment-search-and-seizure franks-analysis franks-v-delaware law-enforcement-misconduct legal-accrual material-omission probable-cause qualified-immunity warrant-application
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Franks v. Delaware analysis of omitted information material to probable cause

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Does Franks v. Delaware! analysis apply when a court opines information omitted from a warrant application is material to establishing probable cause, and if so, is omitted information evaluated differently than false statements an officer included in the warrant application? II. Did the warrant application Deputy Lenard Johnson submitted inevitably violate clearly established law if an appellate court opines 11 years later the affidavit omitted information material to establishing probable cause? III. Did Richard Winfrey, Jr.’s claim brought under Franks v. Delaware accrue when Winfrey was aware of the factual content of information Deputy Johnson is accused of falsely presenting in the warrant application he submitted? 1. 438 U.S. 154, 155-56, 98 S. Ct. 2674, 2676 (1978).

Docket Entries

2019-04-15
Petition DENIED.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-01-31
Petition for a writ of certiorari filed. (Response due March 8, 2019)
2019-01-02
Application (18A673) granted by Justice Alito extending the time to file until January 31, 2019.
2018-12-14
Application (18A673) to extend the time to file a petition for a writ of certiorari from December 27, 2018 to January 10, 2019, submitted to Justice Alito.

Attorneys

Lenard Johnson
William S. HelfandLewis Brisbois Bisgaard & Smith LLP, Petitioner
William S. HelfandLewis Brisbois Bisgaard & Smith LLP, Petitioner