No. 18-8500

Nickey Ardd v. United States

Lower Court: Sixth Circuit
Docketed: 2019-03-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-rights confidential-informant due-process entrapment fourth-amendment ineffective-assistance-of-counsel search-warrant sixth-amendment warrant-requirement
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2019-04-18
Question Presented (from Petition)

Consistent with this Court's decision in Roviaro v. United States, 353 U.S. at 60-61 (1963). When the disclosure of the name of confidential informant, is "relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause, the privilege must give way." May Roviaro, be applied retroactively to set-aside the conviction in this case, because there is evidence in the record, showing that an ["alleged criminal confidential informant"], had "helped set up an ["entrapment controlled buy"]?

Does the Fourth Amendment require law enforcement officers to get an arrest warrant first, prior to officers placing a person under surveillance, in order to set-up defendant for ["entrapment" controlled buy"] purchase, based upon alleged criminal confidential informer's information?, which..led to illegal home search.

Did the law enforcement officers needed separate ludicial authority to enter the home of Mr. Ardd, and started to search his home - without - a - search warrant?

Consistent with this Court's decision in Strickland v•. Washington, 466:U.S. at 691 (2004); and Wiggins v. Smith, 539 U.S. 510 (2003). Is it a Sixth Amendment violation, when appellate attorney failure to present facts, and ignored significant and obvious issues on direct appeal? Does constitutional violation occur.% when defendant's appellate attorney refused to file petition for writ of certiorari on behalf of defendant, after the Sixth Circuit having affirmed defendant's conviction and sentencing?

Is the--Sixth Circuit's decision in this instant case,-in conflict with the Supreme Court of the United States' decision( "s") in Brady, Franks, and Roviaro?

Question Presented (AI Summary)

Question not identified

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-29
Waiver of right of respondent United States to respond filed.
2019-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2019)

Attorneys

Nickey Ardd
Nickey Ardd — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent