No. 20-5797

Jeffrey Murray v. Rhode Island

Lower Court: Rhode Island
Docketed: 2020-09-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights criminal-procedure due-process judicial-determination probable-cause probation-violation standing warrantless-arrest
Latest Conference: 2020-11-13
Question Presented (from Petition)

Whether a summons must issue prior to the issuance of a bench warrant, to effect the arrest of a suspected technical probation violator?

Whether a summons and a bench warrant must be issued "upon probable cause, supported by Oath or affirmation, as required by the Fourth Amendment, to arrest a suspected probation violator?

Whether the Fourth Amendment requires a judicial determination of probable cause by a neutral and detached magistrate, via preliminary hearing, as following arrest of a suspected probation violator?

Whether a subsequent failure by the prosecution to proceed with the offense via an acquittal, or no true bill, or no information, or dismissal requires a prior finding of probation violation, from which it is based, to be vacated?

Whether preemption of formal prosecution or decision undermines the function of the criminal trial process as the intended forum for ultimate determination?

Whether the Rhode Island Supreme Court erred in its decision to find a violation of the terms and conditions of Plaintiff's probation?

Whether the Rhode Island Supreme Court erred when it failed to apply a new rule of criminal procedure to a probation revocation case pending on direct review and one of which that constitute serious and unjust hardship in that said rule increased the standard of proof necessary to find a defendant in violation of the terms and conditions of his or her probation?

Whether it was a violation of the Sixth Amendment's Confrontation Clause to deny the probation officer, and impermissible hearsay to truth of the matter asserted therein?

Question Presented (AI Summary)

Whether a summons must issue prior to the issuance of a bench warrant

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-23
Waiver of right of respondent Rhode Island to respond filed.
2020-04-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)
2020-02-12
Application (19A896) granted by Justice Breyer extending the time to file until April 13, 2020.
2020-02-05
Application (19A896) to extend the time to file a petition for a writ of certiorari from February 13, 2020 to April 13, 2020, submitted to Justice Breyer.

Attorneys

Jeffrey Murray
Jeffrey Murray Sr. — Petitioner
Rhode Island
Christopher Robinson BushRhode Island Department of the Attorney General, Respondent