No. 22-5863

Arlandis Shy v. United States

Lower Court: Sixth Circuit
Docketed: 2022-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search
Key Terms:
DueProcess FourthAmendment CriminalProcedure
Latest Conference: 2022-11-18
Question Presented (AI Summary)

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

Question Presented (from Petition)

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

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-27
Waiver of right of respondent United States to respond filed.
2022-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2022)

Attorneys

Arlandis Shy
Mark H. MagidsonMark H. Magidson, Esq., Petitioner
Mark H. MagidsonMark H. Magidson, Esq., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent