Terrance Lombard v. United States
DueProcess FourthAmendment CriminalProcedure
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(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?