No. 25-5977

Dwayne Ernest Wharton v. Texas

Lower Court: Texas
Docketed: 2025-10-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure evidence-admissibility fourth-amendment gps-tracking search-warrant third-party-doctrine
Key Terms:
FourthAmendment CriminalProcedure Privacy Jurisdiction
Latest Conference: 2025-12-05
Question Presented (from Petition)

Does a violation of the Fourth Amendment, as enunciated in this Court's holdings in Carpenter v. United States, 138 U.S. 2206 (2018) and United States v. Jones, 565 U.S. 400 (2012) occur when, in a state court capital murder trial, the lower courts hold that evidence of GPS location data stored by a third party is admissible when obtained by law enforcement without first securing a search warrant issued by a neutral and detached magistrate?

Question Presented (AI Summary)

Does a violation of the Fourth Amendment occur when GPS location data stored by a third party is admitted without a search warrant in a state court capital murder trial?

Docket Entries

2025-12-08
Petition DENIED.
2025-11-13
DISTRIBUTED for Conference of 12/5/2025.
2025-11-10
Waiver of Texas of right to respond submitted.
2025-11-10
Waiver of right of respondent Texas to respond filed.
2025-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2025)

Attorneys

Dwayne Ernest Wharton
Wayne Trenchard Hill — Petitioner
Texas
Heather Anne HudsonHarris County District Attorney's Office, Respondent