No. 21-8260

Tracy Garrett v. Warden, FCC Coleman-USP II

Lower Court: Eleventh Circuit
Docketed: 2022-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment appellate-review certiorari-standard circuit-split consent constitutional-violation federal-question fourth-amendment search-and-seizure supervisory-power warrantless-search
Key Terms:
FourthAmendment DueProcess Privacy
Latest Conference: 2022-09-28
Question Presented (from Petition)

raised an objection (trial) my attorney (Detective Sams) was giving The second day into my when the Government's key witness The home before the arrest. about what occurred at my dismissed the Jury and testimony District Judge Hearing (ore tenus The Government for Mistrial "held" a Motion motion). Sams first about the con -examined examined Detective home. My counsel cross ruled that the search was he received to enter my and the District Judge sent Detective Sams consensual (177-300, 309). My counsel at the 4th Amendment issue initial appeal stage placed this very 11th Circuit decline in the brief. The same to entertain. This is a fundamental error . There is evidence They are refusing of the 4th Amendment to correct this error violation (merits). Under "Rules (Adopted April 18, 2019, Rule 10, Section (a), pp. of the Supreme Court of the United States" Effective July 1, 2019), Part III, "Considerations Governing Review 5-6, Certiorari" : on of appeals has entered a the decision of another United important matter; has that con-. a United States court of appeals on the same States court of appeals on the same decided an important federal question in conflicts with a decision by a state court of last resort; departed 'from the accepted and usual course a way of judicial proceedings, or has so far or sanctioned such a departure by a lower court, as to call for an exercise of this Court's supervisory power;

Question Presented (AI Summary)

Whether the 11th Circuit erred in declining to entertain a 4th Amendment violation issue

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent Warden, FCC Coleman to respond filed.
2022-05-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2022)

Attorneys

Tracy Garrett
Tracy Garrett — Petitioner
Warden, FCC Coleman
Elizabeth B. PrelogarSolicitor General, Respondent