William Hudson v. Brian Emig, Warden, et al.
Privacy
Whether digital searches of entire computer contents violate the Fourth Amendment's particularity requirement and whether ineffective assistance of counsel occurred due to failure to object to defective warrants or obtain complete trial records
QUESTION(S) PRESENTED oo, “ : *& 1.) | Willliam Hudson's case raises an important issue not settled by*this Court and one that is in conflict with other United States Court of Appeals and other state courts of last resort: whether and to what extent are expansive digital searches, specifically for the entire contents ofa . computer as they pertain to the Fourth Amendment's particularity requirement, tolerable because of the complexities of a digital search. Does a Sixth Amendment violation of effective assistance of counsel occur when defense counsel fails to object to the defective warrant? * Hl. Does the tenants of the Sixth Amendment effective assistance of counsel tolerate when appointed defense counsel fails to request and obtain all of the records (specifically trial transcripts) necessary for a thorough and concientious examination of the record for appelleable issues? Did the courts err when they utilized the Strickland test instead of a Chronic test because there was no adversial test when the courts analyzed themselves the record for appealable issues of defense counsel? &