No. 19-7173

Kenneth Rose v. United States

Lower Court: Sixth Circuit
Docketed: 2020-01-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression
Key Terms:
SocialSecurity
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (from Petition)

1) Reasonable jurists would debate that appellate counsel was ineffective
for failing to raise a plain error of fact material to Leon's third
exception, which would have not permitted a good-faith finding, had it
been factored, where, inter alia:
The underlying affidavit for search warrant didn't 'merely emit'
the address-actually-searched, in fact, a completely different
address of "1000 Mian Street" (PageID:85, Exhibit D) was averred
as the location where "evidence of criminal activity will be found
at..." (PageID:85, Exhibit D), thus in fact, rendering the affidavit
'bare bones' as to the warrant's "709 Elberon Av." (PagelD: 82,
Exhibit E) address-actually-searched.

Question Presented (AI Summary)

Whether appellate counsel was ineffective for failing to raise a plain error of fact material to Leon's third exception, which would have not permitted a good-faith finding

Docket Entries

2020-05-04
Rehearing DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-19
Petition for Rehearing filed.
2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Waiver of right of respondent United States to respond filed.
2019-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2020)

Attorneys

Kenneth Rose
Kenneth Rose — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent