Willie Riley Curry v. United States
The Fourth Amendment has continuously been applied to cases like the one here. The Sixth Circuit failed to follow that jurisprudence. Does Carpenter and Byrd require a GVR in this case?
The Sixth Circuit acknowledged that the analyst who tested the ostensible DNA did not testfify at Curry's trial, but since Curry's trial counsel failed to object plain-error applied. Does Rosales-Mireles require a GVR?
This Court's recent decision in Montomery v. Louisiana demonstrates the significance of "age to a criminal offense. Curry was charged under 18 U.S.C. 1591, where the Government was required to prove Curry "knew" the age of the girls. The Government, however, knew that it could not do so and instead sought refuge in § 1591(c) which permits the Government to rely on a lower scienter requirement even though it was not charged. Does such an usurpation survive a due process challenge?
Does Carpenter and Byrd require a GVR in this case?