No. 20-6697

Damon O’Neil v. United States

Lower Court: Eighth Circuit
Docketed: 2020-12-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights due-process franks-v-delaware ineffective-assistance-of-counsel search-and-seizure
Key Terms:
CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the modified Franks v. Delaware 438 U.S. 154 (1978) rule announced by the Eighth Circuit allowing for deletion and retroactive replacement of terms in a false affidavit supporting an application for search warrant violates the principles of Franks v. Delaware?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether the modified Franks v. Delaware 438 U.S. 154 (1978) rule announced by the Eighth Circuit allowing for deletion and retroactive replacement of terms in a false affidavit supporting an application for search warrant violates the principles of Franks v. Delaware? Which of the several standards currently used by the circuit courts of appeal should be applied to ineffective assistance of counsel motions regarding the duty to advance legal positions which are later adopted by the U.S. Supreme Court? 1

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-07
Waiver of right of respondent United States to respond filed.
2020-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2021)

Attorneys

Damon O’Neil
Andrew James DunnParrish Law Firm, Petitioner
Andrew James DunnParrish Law Firm, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent