No. 25-5893

Frederick M. Hill v. Angela Stuff, Warden

Lower Court: Sixth Circuit
Docketed: 2025-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-claim fourth-amendment knock-and-talk procedural-due-process sixth-amendment
Key Terms:
DueProcess FourthAmendment HabeasCorpus Securities Privacy
Latest Conference: 2025-11-21
Question Presented (from Petition)

1. Should the "one fair shot" and procedural due process require the court of appeals to
notify a petitioner that an appeal and briefing schedule is being converted back to a
COA, if an amended CO A could bring forth arguments for granting the COA?

2. If the trial record clearly shows on its face egregious violations of the Fourth and Sixth
Amendments; and cause for procedural default, is there a debatable and substantial
constitutional claim; or is it adequate to deserve encouragement to proceed for a COA
to be granted?

a. During a "knock and talk" criminal investigation when there is no answer at the
first door of "public common use" does it allow police to play "Let's Make a Deal "
by knocking on doors numbers two and three?

b. Whether a "knock and talk," is a physical intrusion; and a Fourth Amendment
violation when access is gained by a pathway that the public would not normally
use?

c. During a criminal investigative "knock and talk", on a single, private, unregulated
commercial building, is it entitled to the same Fourth Amendment protection as a
house and its "curtilage "?

Question Presented (AI Summary)

Whether the 'one fair shot' and procedural due process require court of appeals to notify petitioner of appeal and briefing schedule conversion, and whether egregious Fourth and Sixth Amendment violations constitute a substantial constitutional claim warranting a Certificate of Appealability (COA)

Docket Entries

2025-11-24
Petition DENIED.
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-11-03
Waiver of right of respondent Kenneth Black, Warden to respond filed.
2025-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2025)

Attorneys

Frederick M. Hill
Frederick M. Hill — Petitioner
Kenneth Black, Warden
Mathura Jaya SridharanOhio Attorney General's Office, Respondent