No. 18-9737

Laquan L. Kellam v. United States

Lower Court: Third Circuit
Docketed: 2019-06-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. DID THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ABUSE ITS DISCRETIONARY, BROADLY-BASED AUTHORITY OF INTERPRETATION, THUS, VIOLATING PETITIONER'S FOURTH, FIFTH, SIXTH, EIGHTH, AND FOURTEENTH AMENDMENT RIGHT(S), BY INCORRECTLY MIS-INTERPRETING UNITED STATES V. WATSON, 423 U.S. 411 (1976 - CONTRARY TO U.S. SUPREME COURT INTENTION?

2. DID THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ERR IN DENYING THE MOTION TO SUPRESS EVIDENCE WHERE THE SHERIFF'S WARRANTLESS ARREST VIOLATED PETITIONER'S FOURTH AMENDMENT

3. DID THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA'S DENTAL OF SUPPRESSION OF THE SEARGI OF THE GREEN STREET RESIDENCE IN ERROR BECAUSE NO VALID CONSENT WAS PROVIDED BY EITHER PETITIONER, OR THE RESIDENT'S OWNER, MS. ASHLEY SMITH, THUS GROSSLY VIOLATING PETITIONER'S FOURTH AMENDMENT RIGHT(S)?

4. DID THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IMPERMISSIBLY ALLOW DETECTIVE DAVID LAU TO TESTIFY AS BOTH A FACT WITNESS, AND EXPERT WITNESS, AND WITHOUT PROVIDING ANY APPROPRIATE, CAUTIONARY INSTRUCTIONS TO THE JURY?

5. DID THE UNIFED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ERR IN INCORRECTLY APPLYING THE TWO (2) LEVEL OBSTRUCTION

Question Presented (AI Summary)

Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petitioner's Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment right(s), by incorrectly mis-interpreting United States v. Watson, 423 U.S. 411 (1976 - contrary to U.S. Supreme Court intention?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-06-26
Waiver of right of respondent United States to respond filed.
2019-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)

Attorneys

Laquan Kellam
Laquan L. Kellam — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent