No. 20-5494

Ernest Ray Snow v. Indiana

Lower Court: Indiana
Docketed: 2020-08-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment appellate-review criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-warrant standard-of-review
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability of the good faith exception in every challenge to the admission of evidence seized pursuant to a search warrant?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner has consistently argued that evidence used against him ina criminal trial was unconstitutionally seized from his home pursuant to an invalid warrant and was therefore inadmissible under the exclusionary rule. The trial court concluded that the warrant was valid and permitted the evidence. Petitioner appealed that ruling, and the Indiana Court of Appeals declared that he could not establish reversible error without establishing both the invalidity of the search warrant and the absence of good faith in the execution of that warrant. The question presented is this: Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability of the good faith exception in every challenge to the admission of evidence seized pursuant to a search warrant? ‘

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-24
Waiver of right of respondent Indiana to respond filed.
2020-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2020)

Attorneys

Ernest Ray Snow, Jr.
Zachary Joseph StockZachary J. Stock, Attorney at Law, P.C., Petitioner
Zachary Joseph StockZachary J. Stock, Attorney at Law, P.C., Petitioner
Indiana
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent