No. 21-5732

In Re Artoska Gillispie

Lower Court: N/A
Docketed: 2021-09-23
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment cell-site-location-information fourth-amendment habeas-corpus ineffective-assistance misidentification personal-location-information probable-cause suggestive-identification warrant
Key Terms:
DueProcess Privacy
Latest Conference: 2021-10-15
Question Presented (AI Summary)

has-prejudice-been-shown

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Question: Has prejudice been shown where defense counsel (a) failed to file a motion to suppress (CSLI) (cell-site location information), and (b) failed to object to the admission of CSLI (cell-site location information)? Thus, regardless of whether such CSLI was obtained with or without a court order, police obtained a warrant not supported by , probable cause before acquiring Petitioner's {personal location information] maintained by a third party, which required police to show "reasonable grounds" for believing that Petitioner's personal location information was relevant and material to an ongoing investigation. That showing falls well short of the probable cause required for a warrant, and such court order issued is not a permissible mechanism for accessing personal location information, because not all orders compelling access to personal location information will require a showing of probable cause. 2. Question: Has prejudice been shown where defense counsel (a) failed to file a motion to suppress identification, and (b) failed to object to the in-court (at preliminary hearing) identifications and to the in-court (at trial) identifications of Petitioner? Thus, such identifications were impermissibly suggestive and resulted in irreparable . misidentification. 1 IN THE SUPREME COURT OF THE UNITED STATES PETITION FOR WRIT OF HABEAS CORPUS Petitioner respectfully prays that a writ of habeas corpus issue to review the judgment below. OPINIONS BELOW This case is from federal courts: The opinion of the United States Court of Appeals appears at

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-08-24
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Artoska Gillispie
Artoska Gillispie — Petitioner