No. 24-821

Richard L. Lewis v. Brian Emig, Warden, et al.

Lower Court: Third Circuit
Docketed: 2025-02-03
Status: Denied
Type: Paid
Tags: appellate-counsel constitutional-challenge direct-appeal evidence-suppression fourth-amendment ineffective-assistance
Key Terms:
FourthAmendment HabeasCorpus CriminalProcedure Punishment Privacy Jurisdiction
Latest Conference: 2025-04-04
Question Presented (AI Summary)

Whether Mr. Lewis's state court appellate counsel was ineffective for failing to present obvious and significant constitutional challenges to the admission of evidence on direct appeal

Question Presented (OCR Extract)

At trial, Mr. Lewis argued that certain key evidence should be suppressed because it was obtained in violation of the Fourth Amendment. The trial court conceded that the Fourth Amendment question was “provocative” but denied the suppression motion. On appeal of his conviction s and sentence , Mr. Lewis’s appellate counsel failed to raise the Fourth Amendment argument, and his conviction was affirmed. The question presented is whether Mr. Lewis’s state court appellate counsel was ineffective for failing to present on direct appeal obvious and significant constitutional challenges to the admission of evidence, when the arguments were clearly preserved at trial .

Docket Entries

2025-04-07
Petition DENIED.
2025-03-19
DISTRIBUTED for Conference of 4/4/2025.
2025-01-30
Petition for a writ of certiorari filed. (Response due March 5, 2025)
2025-01-03
Application (24A648) granted by Justice Alito extending the time to file until January 30, 2025.
2024-12-19
Application (24A648) to extend the time to file a petition for a writ of certiorari from December 31, 2024 to January 30, 2025, submitted to Justice Alito.

Attorneys

Richard L. Lewis
Matthew Ben HarveyMorris, Nichols, Arsht & Tunnell LLP, Petitioner
Matthew Ben HarveyMorris, Nichols, Arsht & Tunnell LLP, Petitioner