No. 19-156

Diego Baldemar Islas v. Texas

Lower Court: Texas
Docketed: 2019-08-02
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: blood-seizure fourth-amendment franks-v-delaware misleading-by-commission misleading-by-omission probable-cause schmerber-v-california search-and-seizure warrant-requirements
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Does the holding of Franks v. Delaware forbid misleading by omission as well as misleading by commission?

Question Presented (from Petition)

QUESTIONS PRESENTED I Does the holding of Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978) forbid misleading by omission as well as misleading by commission? I Does the holding of Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966) by requiring a showing that taking blood is reasonable to justify a blood seizure warrant, require more for a blood seizure warrant than probable cause?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-11-27
Brief of respondent State of Texas in opposition filed.
2019-10-29
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2019.
2019-10-24
Motion to extend the time to file a response from October 28, 2019 to November 27, 2019, submitted to The Clerk.
2019-09-26
Response Requested. (Due October 28, 2019)
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-07-30
Petition for a writ of certiorari filed. (Response due September 3, 2019)

Attorneys

Diego Islas
Clay S. ConradLooney & Conrad, PC, Petitioner
Clay S. ConradLooney & Conrad, PC, Petitioner
State of Texas
Heather Anne HudsonHarris County District Attorney's Office, Respondent
Heather Anne HudsonHarris County District Attorney's Office, Respondent
Eric KuglerHarris County District Attorney's Office, Respondent
Eric KuglerHarris County District Attorney's Office, Respondent