No. 22-1018

Jeffrey L. Moeser v. Wisconsin

Lower Court: Wisconsin
Docketed: 2023-04-20
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-protection federal-courts-of-appeals fourth-amendment general-warrants individual-liberty law-enforcement oath-affirmation oath-or-affirmation probable-cause warrant-requirement
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2023-06-08
Question Presented (from Petition)

The question presented is whether a sheriff (1) who indisputably did not make an oral or written oath or affirmation to anyone and (2) who falsely signed a pre-printed affidavit stating that he had been "first duly sworn on oath," (3) which was in turn notarized by a fellow law enforcement officer who also falsely asserted in the jurat that the affidavit had been "sworn to," "supported [the warrant application] by Oath or affirmation" because, as the Wisconsin Supreme Court held, "the [original] officer was impressed with th[e] obligation" to tell the truth. App., infra, 4a-5a (quoting State v. Tye, 636 N.W.2d 473, 478 (2001)) (internal quotation marks omitted).

Question Presented (AI Summary)

Whether a sheriff who indisputably did not make an oral or written oath or affirmation to anyone and who falsely signed a preprinted affidavit stating that he had been 'first duly sworn on oath,' which was in turn notarized by a fellow law enforcement officer who also falsely asserted in the jurat that the affidavit had been 'sworn to,' 'supported [the warrant application] by Oath or affirmation' because, as the Wisconsin Supreme Court held, 'the [original] officer was impressed with th[e] obligation' to tell the truth

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-09
Waiver of right of respondent Wisconsin to respond filed.
2023-04-18
Petition for a writ of certiorari filed. (Response due May 22, 2023)
2023-02-09
Application (22A732) granted by Justice Barrett extending the time to file until April 22, 2023.
2023-02-08
Application (22A732) to extend the time to file a petition for a writ of certiorari from February 21, 2023 to April 22, 2023, submitted to Justice Barrett.

Attorneys

Jeffrey L. Moeser
Daniel Roy Ortiz — Petitioner
Wisconsin
John W. KellisWisconsin Department of Justice, Respondent