No. 22-5547

Seneca Loyal Neal v. United States

Lower Court: Ninth Circuit
Docketed: 2022-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment body-camera-evidence constitutional-rights credibility-of-witnesses drug-conspiracy exclusionary-rule illegal-entry illegal-search-and-seizure ineffective-assistance-of-counsel prejudice section-2255-motion
Key Terms:
FourthAmendment FifthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether the Court of Appeals for the Ninth Circuit erred in affirming the District Court's denial of Mr. Neal's 28-USC-2255-claim

Question Presented (OCR Extract)

Question Presented Whether the Court of Appeals for the Ninth Circuit erred in affirming the District Court’s denial of Mr. Neal’s 28 USC 2255 claim, where the District Court found Troopers’ entry into the apartment building (where key evidence was gathered) to be illegal, where trial counsel failed to utilize the Trooper’s body audio in advocating for suppression, and where the Court of Appeals found that even if trial counsel had been ineffective in failing to utilize the body audio, Mr. Neal suffered no prejudice. Here, the audio established that Mr. Neal’s constitutional rights had been violated multiple times, the government’s best evidence linking Mr. Neal to the drug conspiracy was discovered during the search following the illegal entry, and the remainder of the government's evidence was the testimony of witnesses who lacked credibility. Considering the above, did the Ninth Circuit err in dismissing the 28 USC 2255 claim where Mr. Neal’s Constitutional rights were repeatedly violated? i

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-15
Waiver of right of respondent United States to respond filed.
2022-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2022)

Attorneys

Seneca Loyal Neal
Jane B MartinezLaw Office of Jane B. Martinez, LLC, Petitioner
Jane B MartinezLaw Office of Jane B. Martinez, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent