No. 19-5837

Terri McGuire Mollica v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search
Key Terms:
HabeasCorpus CriminalProcedure Privacy
Latest Conference: 2019-10-11
Question Presented (from Petition)

1. Was Petitioners guilty plea sustained in violation of the
Fourth Amendment, Unreasonable Search and Seizure,
where law enforcement conducted a warrantless search of
Petitioners purse [in which she had a reasonable
expectation of privacy] after the purse was under the
exclusive control of law enforcement and while Petitioner
locked in a detention cell, thus unable to access
purse contents at the time of the search?was

2. Was defense and appellate counsel constitutionally
ineffective when he misadvised Petitioner regarding
the admissibility of illegally obtained evidence ["fruits
of a poisonous tree"]; failed to investigate the illegal
search and seizure before advising Petitioner to accept
a plea agreement; failed to file a suppression motion for
the illegally obtained evidence; and, failed to raise the
illegal search and seizure on direct appeal?

3. Did the Court of Appeals for the Eleventh Circuit and the
District Court for the Northern District of Alabama commit
reversible error denying Petitioner's section 2255 motion
without conducting an evidentiary hearing?

4. Did the Court of Appeals for the Eleventh Circuit commit
reversible error when it refused to rule on Petitioner's
section 2255 claims of Sixth Amendment violations of
ineffective assistance of counsel?

Question Presented (AI Summary)

Was Petitioner's guilty plea sustained in violation of the Fourth Amendment, Unreasonable-Search-and-Seizure, where law enforcement conducted a warrantless search of Petitioner's purse after the purse was under the exclusive control of law enforcement and while Petitioner was locked in a detention cell, thus unable to access purse contents at the time of the search?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-17
Waiver of right of respondent United States to respond filed.
2019-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2019)

Attorneys

Terri Mollica
Terri McGuire Mollica — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent