No. 18-8147

Jerry Allen Horn v. Kansas

Lower Court: Kansas
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest
Latest Conference: 2019-04-12
Question Presented (from Petition)

Under the Fourth Amendment to the United States Constitution, as codified by County of Riverside v. McLaughlin, 500 U.S. 44 (1991), may law enforcement delay a warrantless arrestee's constitutional rights to a Gerstein hearing, for investigative reasons, under any circumstances?

Is the right of a criminal defendant to Effective Assistance of Counsel, as guaranteed by the United States Constitution and the Fifth, Sixth and Fourteenth Amendments, violated when his trial counsel fails to conduct discovery of his arrest, resulting in the State's utilization of his inculpatory statement gathered during his illegal detention?

Are the actions of an appointed State Habeas Corpus counsel prejudicial, under the second prong of the ineffective assistance of counsel test, when she informs the Court that any claims in which the defendant was entitled to relief had been previously litigated, having had no conversation on consultation with the defendant?

Under the Supremacy Clause of the Federal Constitution, is it permissible for the State to invoke res judicata to bar consideration of an issue that violates a defendant's rights under the United States Constitution?

Question Presented (AI Summary)

Question not identified

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-05-10
Petition for Rehearing filed.
2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-13
Waiver of right of respondent Kansas to respond filed.
2018-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Jerry Allen Horn
Jerry Allen Horn — Petitioner
Kansas
Toby CrouseOffice of Attorney General Derek Schmidt, Respondent