No. 18-6161

Terrance Lombard v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review clear-error clear-error-standard criminal-procedure district-court due-process motion-to-suppress standard-of-review suppression-hearing
Key Terms:
DueProcess FourthAmendment CriminalProcedure
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Did the court of appeals misapply the clear error standard by considering facts adduced at trial, but not considered by the district court during the suppression hearing, to sustain the district court's denial of motion to suppress evidence?

Question Presented (from Petition)

QUESTION(S) PRESENTED , 1. DID THE COURT OF APPEALS MISAPPLY THE CLEAR ERROR STANDARD BY CONSIDERING FACTS ADDUCED AT TRIAL, BUT NOT CONSIDERED BY THE DISTRICT: COURT DURING THE SUPPRESSION HEARING, TO SUSTAIN THE a DISTRICT COURT'S DENIAL OF MOTION TO SUPPRESS EVIDENCE? 2. IS APPELLANT DENIED DUE PROCESS WHERE AN APPEALS COURT USES AN IMPROPER STANDARD OF REVIEW TO DECIDE AN ISSUE PRESENTED ON APPEAL? 3. DOES THE CLEAR ERROR STANDARD PERMIT A PANEL OF THE COURT OF APPEALS . TO CONSIDER FACTS FROM TRIAL DE NOVO, IN ORDER TO SUSTAIN A DISTRICT COURT'S DENIAL OF MOTION. TO SUPPRESS EVIDENCE?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2018)

Attorneys

Terrance Lombard
Terrance Lombard — Petitioner
Terrance Lombard — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent