No. 21-391

Paul Alexander, aka David Paul Hayes v. United States

Lower Court: Fourth Circuit
Docketed: 2021-09-10
Status: Denied
Type: Paid
Response Waived
Tags: circuit-conflict circuit-split constitutional-search derivative-evidence exclusionary-rule fourth-amendment fourth-circuit harmless-error suppression supreme-court-precedent
Latest Conference: 2021-10-08
Question Presented (from Petition)

1. Is the Fourth Circuit in violation of
Supreme Court precedent and in conflict with other
circuits when, in conducting a harmless error review,
it intentionally does not consider derivative evidence
that was obtained as a result of the unconstitutional
car search?

2. Is the Fourth Circuit in violation of
Supreme Court precedent and in conflict with other
circuits when, in conducting a harmless error review,
it assesses not the impact of the suppressed evidence
on the jury, but rather assesses only the overall
strength of the Government's untainted evidence?

Question Presented (AI Summary)

Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, it intentionally does not consider derivative evidence that was obtained as a result of the unconstitutional car search?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-16
Waiver of right of respondent United States to respond filed.
2021-09-08
Petition for a writ of certiorari filed. (Response due October 12, 2021)

Attorneys

Paul Alexander
Christopher Justin BrownThe Law Office of C. Justin Brown, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent