No. 23-6430

Nicholas Dwayne Jones v. United States

Lower Court: Eighth Circuit
Docketed: 2024-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process ex-parte fifth-amendment fourth-amendment search-warrant truthfulness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Does a defendant in a criminal proceeding still retain the right under the Fourth and Fourteenth Amendment to challenge the truthfulness of statements in an affidavit used to support a search warrant?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED This case presents important and lonstanding issues of both Fourth and Fifth Amendment law: Question One: Does a. defendant in a.criminal proceeding. still retain the right under the Fourth and Fourteenth Amendment under the United States Constitution, subsequent to the ex parte issuance of a search warrant, to a hearing to challenge the truthfulness of factual statements made in an affidavit used to support the warrant, when the government has conceded that the statements were false? Question Two: Does a defendant's mere presence, coupled with his knowledge that someone other than himself intends to sell drugs, is sufficient to establish his membership in a conspiracy to sell drugs?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States to respond filed.
2023-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2024)

Attorneys

Nicholas Jones
Nicholas Dwayne Jones — Petitioner
Nicholas Dwayne Jones — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent