No. 19-1438

George Abernathy v. United States

Lower Court: Sixth Circuit
Docketed: 2020-06-30
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment 6th-amendment 8th-amendment burden-of-proof civil-procedure civil-rights constitutional-rights due-process fifth-amendment free-speech property-forfeiture standing summary-judgment takings
Key Terms:
FifthAmendment DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Court has abandoned the principle that 'one constitutional right should not have to be surrendered in order to assert another'

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I IN U. S. V. SIMMONS, THIS COURT IN ASSAYING IT’S VIEWS ON OUR BILL OF RIGHTS WHEN IT WROTE, THAT “ONE CONSTITUTIONAL RIGHT SHOULD NOT HAVE TO BE SURRENDERED IN ORDER TO ASSERT ANOTHER”. UNITED STATES V. SIMMONS, 390 U.S. 377 (1968). THE QUESTION, HERE, ASKS WHETHER THE COURT HAS ABANDONED THIS THESIS. II DID THE SEVENTH CIRCUIT GET IT RIGHT WHEN IT WROTE IN U. S. V. ONE RESIDENCE THAT, “THE GOVERNMENT CAN NOT SEIZE PRIVATE PROPERTY AND COMPEL THE PERSON IN WHOSE POSSESSION IN WHOSE POSSESSION IT WAS FOUND TO PROVE LAWFUL POSSESSION?” UNITED STATES V. ONE RESIDENCE AND ATTACHED GARAGE OF ANTHONY J. ACCARDO, 603 F.2D 1231(7TH CIR. 1979). THESIXTH CIRCUIT IN THIS CASE SAYS IT CAN. THE QUESTION THEN IS, SINCE BOTH COURTS CANNOT BE RIGHT, WHO IS RIGHT AND WHO IS WRONG? ii STATEMENT OF

Docket Entries

2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-07-02
Waiver of right of respondent United States to respond filed.
2020-06-24
Petition for a writ of certiorari filed. (Response due July 30, 2020)

Attorneys

George Abernathy
James R Willis — Petitioner
James R Willis — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent