No. 21-460

April Diane Myres v. United States

Lower Court: Ninth Circuit
Docketed: 2021-09-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-03-18 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting of her home, that her conduct was an 'indicator' of fraud

Question Presented (OCR Extract)

QUESTION PRESENTED April Myres was convicted of mail and wire fraud related to an insurance claim. At trial, the Government elicited testimony from an insurance adjuster that Myres had not been cooperative when two FBI agents came to her house and that this was an indicator of fraud. That testimony was drawn exclusively from her not consenting to a warrantless search of her house for fingerprints. The question presented is: Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting of her home, that her conduct was an “indicator” of fraud.

Docket Entries

2022-03-21
Petition DENIED.
2022-02-23
DISTRIBUTED for Conference of 3/18/2022.
2022-02-23
Reply of petitioner April Diane Myres filed. (Distributed)
2022-02-09
Brief of respondent United States in opposition filed.
2021-12-21
Motion to extend the time to file a response is granted and the time is further extended to and including February 9, 2022.
2021-12-20
Motion to extend the time to file a response from January 10, 2022 to February 9, 2022, submitted to The Clerk.
2021-12-02
Motion to extend the time to file a response is granted and the time is extended to and including January 10, 2022.
2021-12-01
Motion to extend the time to file a response from December 9, 2021 to January 10, 2022, submitted to The Clerk.
2021-11-09
Response Requested. (Due December 9, 2021)
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-19
Waiver of right of respondent United States to respond filed.
2021-09-23
Petition for a writ of certiorari filed. (Response due October 27, 2021)

Attorneys

April Diane Myres
Anne Margaret VoigtsKing & Spalding LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent