No. 18-8109

Robert Blake Adams v. Texas

Lower Court: Texas
Docketed: 2019-02-22
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment blood-draw criminal-procedure due-process exigent-circumstances fourth-amendment retroactive-application retroactivity texas-transportation-code warrant-requirement warrantless-search
Latest Conference: 2019-04-26
Question Presented (from Petition)

SHOULD THIS COURT'S HOLDING IN MISSOURI V McNEELY, 133 S. Ct. 1552 (2013), BE APPLIED RETROACTIVELY TO STATE CASES WHERE WITHOUT A WARRANT, AND WITHOUT EFFECTIVE CONSENT, A PERSONS BLOOD WAS STILL EXTRACTED?

WITH OR WITHOUT THIS COURT'S HOLDING IN MISSOURI V McNEELY, 133 S. Ct. 1552 (2013), IS IT STILL AN ILLEGAL ACT AND A VIOLATION OF A PERSONS FOURTH AMENDMENT RIGHTS WHEN WITHOUT A WARRANT AND DEVOID OF EXIGENT CIRCUMSTANCES, A PERSONS BLOOD IS DRAWN WITHOUT THEIR CONSENT?

DUE TO THE FACT THAT THE TEXAS COURT OF CRIMINAL APPEALS AS WELL AS THE TEXAS COURTS OF APPEALS HAVE STATED THAT A WARRANT WAS ALWAYS REQUIRED UNDER THE TEXAS TRANSPORTATION CODE IN WHICH PETITIONER WAS CONVICTED, SHOULD PETITIONER'S CONVICTION BE RENDERED VOID BASED ON BOTH A FOURTH AMENDMENT VIOLATION AS WELL AS A DUE PROCESS VIOLATION?

Question Presented (AI Summary)

Should this court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), be applied retroactively to state cases?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2018-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Robert Blake Adams
Robert B. Adams — Petitioner