No. 18-6820

Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary

Lower Court: Oregon
Docketed: 2018-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment
Latest Conference: 2019-01-04
Question Presented (from Petition)

1. Does the Fourth Amendment require that a search warrant particularly describe the things to be seized?

2. Does the Fourth Amendment require that a search warrant provide judicial authorization to seize things?

3. Is it in effective assistance of counsel under the Sixth Amendment to fail to move to suppress items seized pursuant to a search warrant that did not particularly describe the things to be seized, and did not provide judicial authorization to seize things?

Question Presented (AI Summary)

Does the Fourth Amendment require that a search warrant particularly describe the things to be seized?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
Waiver of right of respondent Jeff Premo to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)
2018-08-21
Application (18A187) granted by The Chief Justice extending the time to file until November 18, 2018.
2018-08-10
Application (18A187) to extend the time to file a petition for a writ of certiorari from September 19, 2018 to November 18, 2018, submitted to The Chief Justice.

Attorneys

Jeff Premo
Benjamin Noah GutmanOregon Department of Justice, Respondent
Robert Langley
Frank Elmer StollerFrank E. Stoller, Attorney at Law, Petitioner