No. 21-6006

Cory Wayne Kilgore v. United States

Lower Court: Tenth Circuit
Docketed: 2021-10-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant
Key Terms:
CriminalProcedure
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Did the Tenth Circuit err in holding that the search warrant affidavit provided adequate basis for probable cause?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW The Petitioner claimed on appeal that his Fourth Amendment rights were violated. The question presented is: Did the Tenth Circuit, on review of the denial of Petitioner’s motion to suppress, err in holding that the search warrant affidavit provided adequate basis for probable cause to believe evidence of child pornography would be found at Petitioner’s new address when the affidavit merely described the subject images as “child exploitation,’ and relied on an undated prior conviction for child pornography, and did not explain the connection between the suspected criminal activity at Mr. Kilgore’s old address and his new address? i

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-25
Waiver of right of respondent United States of America to respond filed.
2021-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2021)

Attorneys

Cory Kilgore
Barron Lindsey DerryberryFederal Public Defender, Petitioner
Barron Lindsey DerryberryFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent