No. 20-7372
Terry Lee Ockert, Jr. v. United States
Tags: appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error rule-12 rule-52 suppression-motion
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference:
2021-04-16
Question Presented (from Petition)
Whether, under current Rule 12, after a defendant has made a timely motion to suppress evidence that did not include a particular argument, should the court of appeals review that argument for plain error under Rule 52, without requiring any special good-cause showing—the rule in four circuits—or must the defendant first prove good cause to the court of appeals—as in the Tenth Circuit and four other circuits?
Question Presented (AI Summary)
Whether the court of appeals should review an untimely suppression argument for plain error under Rule 52 or require a showing of good cause
Docket Entries
2021-04-19
Petition DENIED.
2021-04-09
Brief amicus curiae of The Federal Public Defender's Office for the Districts of Colorado and Wyoming filed. (Distributed)
2021-04-08
Brief amicus curiae of The Rutherford Institute filed. (Distributed)
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-18
Waiver of right of respondent United States to respond filed.
2021-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)
Attorneys
Terry Lee Ockert, Jr.
Keith Bradley — Squire Patton Boggs (U.S.) LLP, Petitioner
The Federal Public Defender's Office for the Districts of Colorado and Wyoming
The Rutherford Institute
Michael J. Lockerby — Foley & Lardner LLP, Amicus
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent