No. 21-1347

Kevas L. Ballance v. United States

Lower Court: Tenth Circuit
Docketed: 2022-04-13
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: appellate-review circuit-split clear-error criminal-procedure de-novo-review district-court standard-of-review suppression-hearing suppression-ruling
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-06-02
Question Presented (AI Summary)

When reviewing a suppression ruling on appeal, should the appellate court review factual findings for clear error and the ultimate legal determination de novo, or should it also view the evidence in the light most favorable to the district court's ruling?

Question Presented (OCR Extract)

QUESTION PRESENTED When reviewing a suppression ruling on appeal, should the appellate court review factual findings for clear error and the ultimate legal determination de novo, as six circuits do, or should it also view the evidence in the light most favorable to the district court’s ruling, as the Tenth Circuit did here and as four other Circuits do? @

Docket Entries

2022-06-06
Petition DENIED.
2022-05-17
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Waiver of right of respondent United States to respond filed.
2022-04-12
Petition for a writ of certiorari filed. (Response due May 13, 2022)

Attorneys

Kevas Ballance
Daniel Tyler HansmeierKansas Federal Public Defender, Petitioner
Daniel Tyler HansmeierKansas Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent