No. 23-5251

Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-08-01
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement
Key Terms:
CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Was evidence presented at a trial for murder subject to the exclusionary rule, where said evidence was the result of an illegal search of the defendant's cell phone resulting in 'fruits of the poisonous tree'?

Question Presented (from Petition)

QUESTION(S) PRESENTED I. WAS EVIDENCE PRESENTED AT A TRIAL FOR MURDER SUBJECT TO THE EXCLUSIONARY RULE, WHERE SAID EVIDENCE WAS THE RESULT OF AN ILLEGAL SEARCH OF THE DEFENDANT'S CELL PHONE RESULTING IN "FRUITS OF THE POISONOUS TREE!"? II. SHOULD CELL-SITE LOCATION INFORMATION (CSLI) BEEN EXCLUDED AT TRIAL UNDER CARPENTER V. UNITED STATES, 138 S.Ct. 2206 (2018), WHERE DATA WAS OBTAINED FROM A THIRD-PARTY CARRIER WITHOUT A WARRANT?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)

Attorneys

Guida Mark Edwin
Mark Edwin Guida — Petitioner
Mark Edwin Guida — Petitioner