Matthew John Stickle v. Virginia
DueProcess FourthAmendment FifthAmendment CriminalProcedure Privacy
Was the evidence in this case unlawfully obtained as a result of an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments?
QUESTIONS PRESENTED I. Was the evidence in this case unlawfully obtained as a result of an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments to the U.S. Constitution, where police used sophisticated equipment to cross the curtilage and threshold of the home without a warrant, and conducted a search for both contraband and the IP address of the modem inside of the home to obtain the physical location of the contraband without a warrant? II. Was the evidence presented of Stickle’s identity and the identity of a minor depicted in a photograph taken from a video, obtained in violation of the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution ? Ill. Did the admissibility of other crimes evidence in the criminal prosecution violate the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution? IV. Was the evidence insufficient as a matter of law to sustain the convictions in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution, where the evidence showed people other than Stickle had access to the computer where contraband was found during the relevant time periods? V. Did the Court lack jurisdiction to enter an order of nolle prosequi to charges which became the subject of three new indictments, in violation of the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution? VI. Were the three new indictments void for lack of jurisdiction, and therefore barred by res judicata, ii estoppel and double jeopardy; and, there use, therefore, violative of the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution? VII. Did the admissibility into evidence of the titles, and written and oral descriptions of the evidence, which was hearsay, violate Stickle’s right to due process in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution? VIII. Did the court fail to preserve the record for meaningful appellate review, in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution? IX. Did the court’s failure to admit into evidence at the re-trial Stickle’s video-taped interview with law enforcement, admitted in the initial trial, a violation of Stickle’s right to due process pursuant to the Fifth and Fourteenth Amendments to the U.S. constitution? X. Did the court’s ruling, denying Stickle access to the second computer found for analysis a violation of Stickle’s right to due process pursuant to the Fifth and Fourteenth Amendments to the U.S. constitution? XI. Was Stickle’s right to a fair trial pursuant to the Fifth and Fourteenth Amendments to the U.S. Constitution violated where he was denied a change of venue, based upon pretrial publicity? XII. Was Stickle’s right to a fair trial pursuant to the Fifth and Fourteenth Amendments to the U.S. Constitution violated where the court rehabilitated jurors who expressed doubt regarding their ability to render a fair verdict in the trial? XIII. Was Stickle’s right to a fair trial pursuant to the Fifth and Fourteenth Amendments to the U.S. iii Constitution violated where the court admitted other crimes evidence in the initial trial, after ruling the evidence inadmissible, which trial resulted in a hung jury? XIV. Did the sentence imposed violate the Kighth and Fourteenth Amendments’ prohibition against cruel and unusual punishment where the jury was not informed whether their recommended sentences would be served concurrent or consecutive, and where the court failed to impose a sentence consistent with the Eighth and Fourteenth Amendments’ prohibition against cruel and usual punishment? XV. Did indictments of second or subsequent offense violate the Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution? XVI. Did the use of cellular devices during the trial and denial of the motion for inquiry thereof violate Stickle’s right to due process, pursuant to the Fifth and Fourteenth Amendments to the U.S. constitution? XVII