No. 25-5646

John C. Miller v. Indiana

Lower Court: Indiana
Docketed: 2025-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights counsel-waiver criminal-procedure due-process fourth-amendment state-constitution
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Whether the Indiana Supreme Court's decision on March 13, 2025 was in error regarding constitutional protections under Terry v. Ohio

Question Presented (OCR Extract)

Whether of not the decision made on March 13, 2025 by the Indiana Supreme Court was in error. Based on the substantive argument made by the Defendant ’s Counsel based on this Courts decision in Terry v. Ohio , 392 US 1 (1968). State provisions provided the petitioner with additional constitutional protections under the Indiana State Constitution Art. 1 § 11 and its benchmark ruling in Litchfield v. State, 2005 Ind. LEXIS 254. Counsel ’s failure to preserve the argument was considered ’waived ’ by the Indiana Court of Appeals on December 27, 2022The Petitioner's Counsel failed to seek a transfer in order that its Constitutional import be reviewed. Hence this petition for full and complete exhaustion of rights to be guaranteed under the 4th Amendment. , and this Court's ruling in ’Terry' Id. (Reference: explicitly Exhibit/

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-30
Waiver of State of Indiana of right to respond submitted.
2025-09-30
Waiver of right of respondent State of Indiana to respond filed.
2025-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)

Attorneys

John C. Miller
John C. Miller — Petitioner
John C. Miller — Petitioner
State of Indiana
James Allen BartaOffice of the Indiana Attorney General, Respondent
James Allen BartaOffice of the Indiana Attorney General, Respondent