No. 18-1024

Lenard Johnson v. Richard Winfrey, Jr.

Lower Court: Fifth Circuit
Docketed: 2019-02-06
Status: Denied
Type: Paid
Tags: 4th-amendment accrual-of-claim civil-rights false-statements fourth-amendment fourth-amendment-search-and-seizure franks-analysis franks-v-delaware law-enforcement-misconduct legal-accrual material-omission probable-cause qualified-immunity warrant-application
Latest Conference: 2019-04-12
Question Presented (from Petition)

I. Does Franks v. Delaware1 analysis apply when a court
opines information omitted from a warrant application
is material to establishing probable cause, and if so,
is omitted information evaluated differently than false statements an officer included in the warrant
application?

II. D id the warrant application Deputy Lenard Johnson
submitted inevitably violate clearly established law if
an appellate court opines 11 years later the affidavit
omitted information material to establishing probable
cause?

III. D id Richard Winfrey, Jr.'s claim brought under
Franks v. Delaware accrue when Winfrey was aware
of the factual content of information Deputy Johnson
is accused of falsely presenting in the warrant
application he submitted?

Question Presented (AI Summary)

Franks v. Delaware analysis of omitted information material to probable cause

Docket Entries

2019-04-15
Petition DENIED.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-01-31
Petition for a writ of certiorari filed. (Response due March 8, 2019)
2019-01-02
Application (18A673) granted by Justice Alito extending the time to file until January 31, 2019.
2018-12-14
Application (18A673) to extend the time to file a petition for a writ of certiorari from December 27, 2018 to January 10, 2019, submitted to Justice Alito.

Attorneys

Lenard Johnson
William S. HelfandLewis Brisbois Bisgaard & Smith LLP, Petitioner