No. 25-6204

Brian N. Terry v. Oklahoma

Lower Court: Oklahoma
Docketed: 2025-11-24
Status: Denied
Type: IFP
IFP
Tags: appellate-counsel constitutional-rights due-process fifth-amendment fourth-amendment search-and-seizure
Key Terms:
DueProcess FifthAmendment FourthAmendment Privacy
Latest Conference: 2026-01-23
Question Presented (from Petition)

This case involves a serious of important question about fair warning to United States citizens of a collateral and direct Fourth, Fifth, Sixth, and Fourteenth Amendment consequence and where the responsibility of fair warning lies, whether defense counsel assigned to prosecute and appeal from a criminal conviction has a constitutional duty to raise every nonfrivolous issue requested by the defendant, and the constitutional violation of the illegal Search and Seizure of a residences home, an claim appellate counsel failed to raise, and whether the U.S. Constitution provides at least equal, if not greater protections, to U.S. Citizens as it does to a Lawful Permanent Resident.

Whether a criminal defendant has a constitutional right to have appellate counsel raise every nonfrivolous issue that the defendant request

Whether the failure of the appellate attorney court to consider advancing this claim Of Search and Seizure on direct appeal

Whether the searches of his home and of his person were lawful without a search warrant

Whether the taking of the cellphone under duress, with force, from the hand of one Suspected of crime, the cellphone belonging to him, of evidential value only, by A presentative of any branch or subdivision of the government of the United States, A violation of the Fourth Amendment

Whether a representative of any branch of subdivision of the government of the United States retrieves a DNA Buccal Swab from one suspected of a crime under Persuasion, force, or promises, is a violation of the Fourth Amendment

Whether the admission of such cellphone video in evidence against the same person When indited for crime is a violation of the Fifth Amendment

Question Presented (AI Summary)

Whether a criminal defendant has a constitutional right to have appellate counsel raise every nonfrivolous issue, and whether searches of home and person without a warrant, cellphone seizure, and DNA collection violate Fourth and Fifth Amendment protections

Docket Entries

2026-01-26
Petition DENIED.
2026-01-08
DISTRIBUTED for Conference of 1/23/2026.
2025-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)

Attorneys

Brian N. Terry
Brian N. Terry — Petitioner