No. 18-7811

Ronald Bishop Thompson v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone-testimony cell-site-location cell-site-location-information criminal-procedure fourth-amendment fourth-amendment-search ineffective-assistance ineffective-assistance-of-counsel search-and-seizure stored-communications-act warrant-requirement
Key Terms:
FourthAmendment DueProcess CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Did trial counsel perform ineffectively at Petitioner's second trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1 Did trial counsel perform ineffectively at Petitioner's second trial,when Petitioner's first trial,in which there was no mention of ceil phone testimony, ended in a hung jury, by failing to object on Fourth Amendment grounds when the prosecution in the second trial made cell-site location information the literal bookends of its case? 2 Is the Stored Communications Act, 18 USC §§ 27012712 Unconstitutional because it allows cell site location information to be divulged to law enforcement without a warrant? 3 Was trial counsel ineffective for failing to examine the Detroit Police Department's request for the §2703(d) Order to determine whether or not it complied with the . mandatory language of the SCA and subsequently to examine the magistrate's granting of the request? 4 Was trial counsel ineffective for failing to object to the cellular telephone evidence on Fourth Amendment grounds and to request a pretrial suppression hearing regarding the same. . 5 Was appellate counsel ineffective for failing to raise ineffective assistance of trial counsel? 6 Was the Detroit Police Department's acquisition of Petitioner's cell-site records a search under the Fourth Amendment? i UST OF PARTIES All parties appear in the caption of the case on the cover page. The sole party is Lakeland Correctional Facility's Warden Noah Nagy.

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-08
Waiver of right of respondent Noah Nagy, Warden to respond filed.
2019-01-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Noah Nagy, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Ronald Bishop Thompson
Ronald Bishop Thompson — Petitioner
Ronald Bishop Thompson — Petitioner