No. 21-7876

Matthew Alexander, III v. United States

Lower Court: Tenth Circuit
Docketed: 2022-05-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure motion-to-suppress plain-error suppression-motion waiver
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2022-09-28
Question Presented (AI Summary)

When a defendant files a motion to suppress, then raises a new argument to support suppression in the court of appeals, is the new argument waived absent a showing of good cause under Federal Rule of Criminal Procedure 12(c)(8), as five Circuits have held, or is the new argument reviewed, at a minimum, for plain error under Federal Rule of Criminal Procedure 52(b), as four Circuits have held?

Question Presented (OCR Extract)

QUESTION PRESENTED When a defendant files a motion to suppress, then raises a new argument to support suppression in the court of appeals, is the new argument waived absent a showing of good cause under Federal Rule of Criminal Procedure 12(c)(8), as five Circuits have held, or is the new argument reviewed, at a minimum, for plain error under Federal Rule of Criminal Procedure 52(b), as four Circuits have held? i

Docket Entries

2022-10-03
Petition DENIED.
2022-08-24
Reply of petitioner Matthew Alexander, III filed. (Distributed)
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Brief of respondent United States in opposition filed.
2022-07-07
Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2022.
2022-07-06
Motion to extend the time to file a response from July 15, 2022 to July 29, 2022, submitted to The Clerk.
2022-06-09
Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2022.
2022-06-07
Motion to extend the time to file a response from June 15, 2022 to July 15, 2022, submitted to The Clerk.
2022-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2022)

Attorneys

Matthew Alexander, III
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