Troy Steven Richter v. United States
FirstAmendment HabeasCorpus
Does the First Amendment protect against criminal investigation initiation for materials deemed erotica and not violating criminal statutes?
Questions Presented 1. Does the First Amendment and protection of free speech prohibit the initiation of a criminal investigation when original materials were deemed as erotica and did not violate criminal statutes? 2. Does the Fourth Amendment guarantee protections of an individual's confiscated items pera search warrant and include notification of items seized when no property interest was relinquished? 3. Is a defense attorney's assistance ineffective under the Sixth Amendment and Strickland if they initially review the evidence in a criminal case 4 months after advising a criminal defendant client to plead guilty and has secured the guilty plea in court, which : . would invalidate the knowing and voluntariness portion of a plea? 4. Does an Attorney advising the Court his client's images meet the definition of CP harm and waive his client's ability to challenge the images under the First Amendment and does it constitute Ineffectice Assistance of Counsel? 5. Since issuance of a Certificate of Appealability is not to be based upon the merits presented, what is the threshold of . "reasonable jurist", whether it means one jurist, a majority, or a unanimous jury, where convincing one jurist would be a lower... .. threshold? Li