No. 18-7134

Lindsey Brooke Lowe v. Tennessee

Lower Court: Tennessee
Docketed: 2018-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bouie-v-city-of-columbia criminal-procedure due-process ex-post-facto exclusionary-rule good-faith-exception judicial-decision-making retroactive-application rogers-v-tennessee
Key Terms:
DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (from Petition)

Whether the limitations on ex post facto judicial decision-making that this Court recognized in Bouie v. City of Columbia and Rogers v. Tennessee, and which are inherent in the notion of due process, prevent state courts from retroactively applying a good-faith exception to the exclusionary rule to the detriment of a defendant when the unforeseeable change in law occurred after the defendant's crime, charge, and trial.

Question Presented (AI Summary)

Whether the limitations on ex post facto judicial decision-making that this Court recognized in Bouie v. City of Columbia and Rogers v. Tennessee, and which are inherent in the notion of due process, prevent state courts from retroactively applying a good-faith exception to the exclusionary rule to the detriment of a defendant when the unforeseeable change in law occurred after the defendant's crime, charge, and trial

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2019-01-02
Waiver of right of respondent Tennessee to respond filed.
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2019)
2018-10-09
Application (18A372) granted by Justice Kagan extending the time to file until December 17, 2018.
2018-10-04
Application (18A372) to extend the time to file a petition for a writ of certiorari from October 30, 2018 to December 29, 2018, submitted to Justice Kagan.

Attorneys

Lindsey Brooke Lowe
Joseph Alexander Little IVBone McAllester Norton PLLC, Petitioner
State of Tennessee
Leslie E. PriceTennessee Attorney General's Office, Respondent