No. 20-5606

Keith A. Brown v. Alberto Ramirez

Lower Court: Ninth Circuit
Docketed: 2020-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence
Latest Conference: 2020-10-09
Question Presented (from Petition)

During a hearingr.ori: a Motion to Suppress Evidence, when
the State fails to carry it's burden of proof, is the
remedy suppression of the evidence?/ Or, can the State
simply be allowed to have another hearing and a second
bite of the apple, i.e
that it failed to carry the first time?1 ).
try to carry the burden of proof • /

2). If the State is allowed to have a second chance to carry it's burden of proof, as to the admissibility of evidence,
then the Fourth Amendments protections are meaningless,
because the state would ALWAYS simply win in a suppression
hearing because they would have many, many chances to
cure any defects.

When, on Appeal of a Motion to Suppress evidence, the
Court finds the State did not carry it's burden of proof,
is not the remedy Suppression of the evidence?3).

Has the State of Idaho failed to follow the Fourth Amendment
to the United states Constitution?4).

5). When a State commits a criminal Defendant as incompetent,
can statements made by that person be used against him
in that proceeding? (Court ordered the Defendant as not
competent to understand the proceedings, and unable to
assist in his defense, yet used his statements against
that was made when he was deemed to be incompetent).

6). Did the United States District Court err when it refused
to grant a Certificate of Appealability?

7) . Did the Ninth Circuit Court of Appeals err when it refused
to grant a Certificate of Appealability?

8) . When a Criminal Defendant provides evidence of self defense,is he entitled to a hearing in which the State must prove he
did not act in self defense? (Burden Shifting if not granted
such a hearing) .

9). Are the statements of an incompetent person, (One who has
been committed to a mental institution) , admissible in a
criminal proceeding?

Question Presented (AI Summary)

When the state fails to carry its burden of proof in a motion to suppress hearing, is the remedy suppression of the evidence or can the state have a second chance to carry its burden?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-14
Waiver of right of respondent Alberto Ramirez to respond filed.
2020-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2020)

Attorneys

Alberto Ramirez
L. LaMont AndersonIdaho Attorney General's Office, Respondent
Keith A. Brown
Keith A. Brown — Petitioner