No. 19-8227

Joshua Dwayne Carrier v. Colorado

Lower Court: Colorado
Docketed: 2020-04-09
Status: Rehearing
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information
Key Terms:
DueProcess
Latest Conference: 2020-10-30 (distributed 2 times)
Question Presented (from Petition)

1. WAS THE SEARCH WARRANT FOR MR. CARRIERS HOME AND COMPUTERS RELYING ON A SINGLE TRANSACTION FROM FOUR YEARS EARLIER BASED UPON STALE INFORMATION AND LACKED PROBABLE CAUSE A VIOLATION TO MR. CARRIERS 4™ AMENDMENT RIGHTS.

2. DID THE TRIAL COURT ERRED IN MR. CARRIERS SECOND TRIAL BY REFUSING TO INSTRUCT THE JURY REGARDING THE ACQUITTALS IN MR. CARRIERS FIRST TRIAL CONSITUTE A VIOLATION OF MR. CARRIERS 5™ AND 14™ AMENDMENT RIGHTS.

3. DIDTHE ADMISSION OF THE 150-PAGE "BEHAVIORAL ANALYSIS " OF "CHILD MOLESTERS " CONSTITUTED A REVERSIBLE ERROR IN VIOLATION OF MR. CARRIER 'S 6™ AND 14™ AMENDMENT RIGHTS.

Question Presented (AI Summary)

Was the search warrant for Mr. Carrier's home and computers relying on a single transaction from four years earlier based upon stale information and lacked probable cause a violation to Mr. Carrier's 4th Amendment rights?

Docket Entries

2020-11-02
Motion for leave to file a petition for rehearing filed by petitioner DENIED. Justice Barrett took no part in the consideration or decision of this motion.
2020-10-07
Motion DISTRIBUTED for Conference of 10/30/2020.
2020-09-09
Motion for leave to file a petition for rehearing filed by petitioner.
2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-13
Waiver of right of respondent Colorado to respond filed.
2020-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2020)
2020-01-13
Application (19A756) denied by Justice Sotomayor.
2019-12-03
Application (19A756) to extend the time to file a petition for a writ of certiorari from December 8, 2019 to February 6, 2020, submitted to Justice Sotomayor.

Attorneys

Colorado
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Joshua Dwayne Carrier
Joshua Dwayne Carrier — Petitioner