No. 18-6844

Christopher John Kerr v. Wisconsin

Lower Court: Wisconsin
Docketed: 2018-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law criminal-procedure evidence-suppression exclusionary-rule judicial-misconduct judicial-oversight search-and-seizure standing void-warrant warrant-validity
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Should a void ab initio warrant issued by a judge be treated as if it never existed and, consequently, should evidence obtained pursuant thereto not be considered at all by the court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should a void ab initio warrant issued by a judge be treated as if it never existed and, consequently, should evidence obtained pursuant thereto not be considered at all by the court? 2. If the Court answers question 1 ‘no’, does the exclusionary rule apply to evidence obtained due to judicial misconduct or judicial oversight? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-29
Waiver of right of respondent Wisconsin to respond filed.
2018-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2018)

Attorneys

Christopher J. Kerr
Adam Clay StevensonUniversity of Wisconsin Law School, Petitioner
Adam Clay StevensonUniversity of Wisconsin Law School, Petitioner
Wisconsin
Daniel P. LenningtonWisconsin Department of Justice, Respondent
Daniel P. LenningtonWisconsin Department of Justice, Respondent
Misha TseytlinWisconsin Dept. of Justice, Respondent
Misha TseytlinWisconsin Dept. of Justice, Respondent