No. 21-8260

Tracy Garrett v. Warden, FCC Coleman-USP II

Lower Court: Eleventh Circuit
Docketed: 2022-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment appellate-review certiorari-standard circuit-split consent constitutional-violation federal-question fourth-amendment search-and-seizure supervisory-power warrantless-search
Key Terms:
FourthAmendment DueProcess Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the 11th Circuit erred in declining to entertain a 4th Amendment violation issue

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ' The second day into my trial, my attorney raised an objection when the Government's key witness (Detective Sams) was giving testimony about what occurred at my home pefore the arrest. The District Judge dismissed the Jury and “held” a Motion for Mistrial Hearing (ore tenus motion). The Government examined Detective Sams first about the consent he received to enter my home. My counsel cross-examined Detective Sams and the District Judge ruled that the search was consensual (177-300, 309). ' My counsel at the initial appeal stage placed this very same 4th Amendment issue in the brief. The 11th Circuit declined to entertain. This is a fundamental error. They are refusing to correct this error. There is evidence of the 4th Amendment violation (merits). Under “Rules of the Supreme Court of the United States" (Adopted April 18, 2019, Effective July 1, 2019), Part IIl, Rule 10, Section (a), pp. 5-6, "Considerations Governing Review on Certiorari": ...a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that con, -flicts with a decision by a state court of last resort; or has so far departed’ from the accepted and usual course supervisory power;... (emphasis added)

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent Warden, FCC Coleman to respond filed.
2022-05-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2022)

Attorneys

Tracy Garrett
Tracy Garrett — Petitioner
Tracy Garrett — Petitioner
Warden, FCC Coleman
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent