Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
CriminalProcedure HabeasCorpus Privacy
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(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?