No. 19-1438

George Abernathy v. United States

Lower Court: Sixth Circuit
Docketed: 2020-06-30
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment 6th-amendment 8th-amendment burden-of-proof civil-procedure civil-rights constitutional-rights due-process fifth-amendment free-speech property-forfeiture standing summary-judgment takings
Key Terms:
FifthAmendment DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (from Petition)

IN U. S. V. SIMMONS , THIS COURT IN ASSAYING
IT'S VIEWS ON OUR BILL OF RIGHTS WHEN IT
WROTE, THAT "ONE CONSTITUTIONAL RIGHTSHOULD NOT HAVE TO BE SURRENDERED IN
ORDER TO ASSERT ANOTHER". UNITED STATES
V. SIMMONS, 390 U. S. 377 (1968) . THE QUESTION,
HERE, ASKS WHETHER THE COURT HASABANDONED THIS THESIS.

DID THE SEVENTH CIRCUIT GET IT RIGHT WHENIT WROTE IN U. S. V. ONE RESIDENCE THAT,
"THE GOVERNMENT CAN NOT SEIZE PRIVATEPROPERTY AND COMPEL THE PERSON INWHOSE POSSESSION IN WHOSE POSSESSION ITWAS FOUND TO PROVE LAWFUL POSSESSION?"UNITED STATES V. ONE RESIDENCE ANDATTACHED GARAGE OF ANTHONY J. ACCARDO,603 F.2D 1231 (7TH CIR. 1979). THE SIXTH CIRCUIT
IN THIS CASE SAYS IT CAN. THE QUESTIONTHEN IS, SINCE BOTH COURTS CANNOT BERIGHT, WHO IS RIGHT AND WHO IS WRONG?

Question Presented (AI Summary)

Whether the Court has abandoned the principle that 'one constitutional right should not have to be surrendered in order to assert another'

Docket Entries

2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-07-02
Waiver of right of respondent United States to respond filed.
2020-06-24
Petition for a writ of certiorari filed. (Response due July 30, 2020)

Attorneys

George Abernathy
James R Willis — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent