No. 18-6810

Timothy Hickman-Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2018-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: colorado-v-bertine criminal-procedure due-process fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel inventory-search search-and-seizure south-dakota-v-opperman vehicle-search
Key Terms:
FourthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Did inventory search violate this Court's decisions in South Dakota v. Opperman and Colorado v. Bertine, as well as the Fourth Amendment to the Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Did inventory search violate this Court's decisions in South Dakota v. Opperman and Colorado v. Bertine, as well as the Fourth Amendment to the Constitution? & 2. Did Petitioner's counsel. render ineffective assistance during pre-trial proceedings by his failure to present evidence and testimony refuting Government's allegation that law enforcement acted in good faith when they towed Petitioner's vehicle due to a “parking violation," when in fact Petitioner had permission for over 10 years to park in his mother's driveway? : . 3. Did the appellate court err by not addressing Petitioner's claim that the District Court failed to appoint him 2 counsel pursuant to Rule 8(c) of the Rules Governing § 2255 Proceedings, a reversible error? N -1l

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Waiver of right of respondent United States to respond filed.
2018-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)

Attorneys

Timothy Hickman-Smith
Timothy Hickman-Smith — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent