Lindsey Brooke Lowe v. Tennessee
DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
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 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