No. 20-7512

Forrest R. Cox, III v. Nebraska

Lower Court: Nebraska
Docketed: 2021-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: case-law constitutional-rights criminal-procedure federal-statute fourth-amendment good-faith-doctrine immutable-evidence independent-source-doctrine search-warrant
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether the Nebraska Supreme Court erred in applying the good-faith doctrine to a search warrant executed after the federal statute and relevant case law had been overturned as unlawful under the Fourth Amendment

Question Presented (from Petition)

QUESTIONS PRESENTED: I. IN A FIRST DEGREE FELONY MURDER CASE REQUIRING LIFE IMPRISONMENT, DID THE NEBRASKA SUPREME COURT ERROR IN APPLYING THE GOOD FAITH DOCTRINE TO A SEARCH WARRANT THAT WAS EXECUTED APPROXIMATELY HALF A YEAR AFTER BOTH THE FEDERAL STATUTE AND RELEVANT CASE LAW HAD BEEN OVERTURNED BY THIS COURT AS UNLAWFUL, CONTRARY TO THE FOURTH AMENDMENT? II. WAS IT A DENIAL OF THE PETITIONER'S FOURTH AMENDMENT RIGHTS FOR THE NEBRASKA SUPREME COURT TO DECLINE TO ADDRESS THE TRIAL COURT'S SUA SPONTE APPLICATION OF THE INDEPENDENT SOURCE DOCTRINE TO IMMUTABLE EVIDENCE? a. SHOULD THE INDEPENDENT SOURCE DOCTRINE BE MODIFIED TO ADDRESS THE UNIQUE NATURE OF IMMUTABLE EVIDENCE TO ENSURE PRESERVATION OF THE FOURTH AMENDMENT AND ITS PRINCIPLES?

Docket Entries

2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-16
Waiver of right of respondent Nebraska to respond filed.
2021-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2021)

Attorneys

Forrest Cox
Thomas C. RileyDouglas Co. Defender's Office, Petitioner
Thomas C. RileyDouglas Co. Defender's Office, Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent
James A. CampbellNebraska Attorney General's Office, Respondent