No. 22-706

Timothy Howard Spriggs v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-01-30
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-rights criminal-procedure fourth-amendment ineffective-assistance private-property residence rv search sentencing-guidelines utilities warrantless-search
Key Terms:
FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Whether the Fourth Amendment permits the warrantless search of an immobile RV

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fourth Amendment permits the warrantless search of an immobile RV, i.e., one that is attached to usual residential utilities such as septic and electricity, where the vehicle is being used as a residence on a private residential lot. 2. Whether a defendant who pleads guilty can be denied the reduction provided for in United States Sentencing Guidelines § 3E1.1 solely on the basis of having filed a viable, but ultimately unsuccessful, suppression motion raising substantial constitutional questions. 3. Whether a defense attorney’s categorical refusal to file a non-frivolous motion to suppress—in a case where such a motion is the only viable defense to the charges—amounts to ineffective assistance of counsel because it strips the client of his right to make fundamental decisions about whether to plead guilty or to fight the charges. ii INTERESTED PARTIES There are no

Docket Entries

2023-02-27
Petition DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-01
Waiver of right of respondent United States to respond filed.
2023-01-26
Petition for a writ of certiorari filed. (Response due March 1, 2023)
2022-12-20
Application (22A555) granted by Justice Thomas extending the time to file until January 26, 2023.
2022-12-16
Application (22A555) to extend the time to file a petition for a writ of certiorari from December 26, 2022 to January 26, 2023, submitted to Justice Thomas.

Attorneys

Timothy Howard Spriggs
Richard C. Klugh Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent