No. 18-7134

Lindsey Brooke Lowe v. Tennessee

Lower Court: Tennessee
Docketed: 2018-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bouie-v-city-of-columbia criminal-procedure due-process ex-post-facto exclusionary-rule good-faith-exception judicial-decision-making retroactive-application rogers-v-tennessee
Key Terms:
DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the limitations on ex post facto judicial decision-making that this Court recognized in Bouie v. City of Columbia and Rogers v. Tennessee, and which are inherent in the notion of due process, prevent state courts from retroactively applying a good-faith exception to the exclusionary rule to the detriment of a defendant when the unforeseeable change in law occurred after the defendant's crime, charge, and trial

Question Presented (OCR Extract)

QUESTION PRESENTED For nearly a century, Tennessee courts have required strict adherence to the / statutory requirements for the issuance of a search warrant. Without warning, the | Tennessee Supreme Court changed that practice in 2016, after the petitioner’s | criminal conduct, trial, and while her case was on direct appeal. As a result, the | rules that she reasonably believed would govern her trial changed dramatically, ! affecting her ability to consider a plea agreement and evaluate the strength of the | government’s case against her. The question presented is: Whether the limitations on ex post facto judicial decision-making that this | Court recognized in Bouie v. City of Columbia and Rogers v. Tennessee, and which are inherent in the notion of due process, prevent state courts from retroactively | applying a good-faith exception to the exclusionary rule to the detriment of a | defendant when the unforeseeable change in law occurred after the defendant’s crime, charge, and trial. | i ' | \ i | i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2019-01-02
Waiver of right of respondent Tennessee to respond filed.
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2019)
2018-10-09
Application (18A372) granted by Justice Kagan extending the time to file until December 17, 2018.
2018-10-04
Application (18A372) to extend the time to file a petition for a writ of certiorari from October 30, 2018 to December 29, 2018, submitted to Justice Kagan.

Attorneys

Lindsey Brooke Lowe
Joseph Alexander Little IVBone McAllester Norton PLLC, Petitioner
State of Tennessee
Leslie E. PriceTennessee Attorney General's Office, Respondent