No. 18-8593

Dontae Callen v. Alabama

Lower Court: Alabama
Docketed: 2019-03-27
Status: Denied
Type: IFP
IFP
Tags: affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, can a reviewing court consider information from an affidavit for a separate search?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, does the Fourth Amendment allow a reviewing court, in evaluating whether there was probable cause for the search, to consider information from an affidavit for a separate search that may have been before the magistrate? I. Additionally, given that a non-unanimous jury recommendation authorized Mr. Callen’s death sentence, should this Court hold his petition pending the result in Ramos v. Louisiana, No. 18-5924, 2019 WL 1231752 (U.S. Mar. 18, 2019), which asks whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict? i

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-04-26
Brief of respondent State of Alabama in opposition filed.
2019-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2019)
2019-02-06
Application (18A802) granted by Justice Thomas extending the time to file until March 21, 2019.
2019-01-30
Application (18A802) to extend the time to file a petition for a writ of certiorari from February 14, 2019 to March 21, 2019, submitted to The Chief Justice.

Attorneys

Dontae Callen
Alicia A. D'Addario — Petitioner
Alicia A. D'Addario — Petitioner
State of Alabama
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent