No. 18-8487

Kevin Neysmith v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-03-22
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment birchfield-precedent birchfield-v-north-dakota blood-alcohol blood-alcohol-content criminal-procedure evidence-admissibility fourth-amendment fruits-of-the-poisonous-tree o-connell-warnings o'connell-warnings search-warrant warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . Ground I. Whether the Fourth Amendment prohibits State judicial ee : systems from admitting evidence of blood alcohol content obtained ; without a search warrant pursuant to this Honorable Court’s a : principles in Birchfield _v. North Dakota, 136 S.Ct. 2160 (2016) when Pennsylvania’s O’Connell warnings were utilized after, and . irrespective of, an individual’s personal request for blood tests given . before police informed them of criminal penalties for any subsequent refusal, which generates fruits of the poisonous tree? : OF . ' "(Proposed Answer in the Positive) . PARTIES . . The Pro Se Petitioner in the above captioned matter is Mr. Kevin Adrian , Neysmith, (Mr. Neysmith), who resides at the State Correctional Institution at : Rockview, 1 Rockview Place, Bellefonte, PA 16823. Respondent in the above ’ captioned matter is the Commonwealth of Pennsylvania represented by Matthew : ; Fogal, Esq., Franklin County District Attorney whose office is located at 157 Lincoln Way East, Chambersburg, PA 17201. Oe : :

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Kevin Neysmith
Kevin Neysmith — Petitioner