No. 18-8109

Robert Blake Adams v. Texas

Lower Court: Texas
Docketed: 2019-02-22
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment blood-draw criminal-procedure due-process exigent-circumstances fourth-amendment retroactive-application retroactivity texas-transportation-code warrant-requirement warrantless-search
Key Terms:
FourthAmendment DueProcess HabeasCorpus CriminalProcedure Privacy
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Should this court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), be applied retroactively to state cases?

Question Presented (OCR Extract)

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?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2018-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Robert Blake Adams
Robert B. Adams — Petitioner
Robert B. Adams — Petitioner