FourthAmendment DueProcess HabeasCorpus CriminalProcedure Privacy
Should this court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), be applied retroactively to state cases?
QUESTION(S) PRESENTED SHOULD THIS COURT'S HOLDING IN MISSOURI V McNEELY, 133 S. Ct. 1552 (2013), BE APPLIED RETROACTIVELY TO STATE CASES WHERE WITHOUT A WARRANT, AND WITHOUT EFFECTIVE CONSENT, A PERSONS BLOOD WAS STILL EXTRACTED? : WITH OR WITHOUT THIS COURT'S HOLDING IN MISSOURI V McNEELY, 133 S. Ct. 1552 (2013), IS IT STILL AN ILLEGAL ACT AND A VIOLATION OF A PERSONS FOURTH AMENDMENT RIGHTS WHEN WITHOUT A WARRANT AND DEVOID OF EXIGENT CIRCUMSTANCES, A PERSONS BLOOD IS DRAWN WITHOUT THEIR CONSENT? DUE TO THE FACT THAT THE TEXAS COURT OF CRIMINAL APPEALS AS WELL AS THE TEXAS COURTS OF APPEALS HAVE STATED THAT A WARRANT WAS AL' WAYS REQUIRED UNDER THE TEXAS TRANSPORTATION CODE IN WHICH PETITIONER WAS CONVICTED, SHOULD PETITIONER'S CONVICTION BE RENDERED -,VOID BASED ON BOTH A FOURTH AMENDMENT VIOLATION AS WELL AS A DUE PROCESS VIOLATION?