DueProcess FourthAmendment CriminalProcedure
Whether the district court clearly erred by failing to properly instruct the jury, in violation of Apprendi v. New Jersey, and by admitting Defendant Shy's Facebook record obtained without probable cause, violating his Fourth Amendment rights
No question identified. : L. Whether the district court clearly erred by failing to properly instruct the jury, in violation of the holding in Apprendi v. New Jersey, 530 U.S. 466 (2000), which denied Defendant Shy his rights to Due Process and a fair trial under the Fifth and Sixth Amendments to the U.S. Constitution? I. Whether the district court clearly erred by admitting Defendant Shy’s Facebook record, obtained by a search warrant that was not supported by probable cause, violating Shy’s right against unreasonable searches under the Fourth Amendment to the U.S. Constitution? ii