No. 22-6441

James D. Dayvault v. Kansas

Lower Court: Kansas
Docketed: 2023-01-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights consensual-encounter custody detention due-process family-law fourth-amendment law-enforcement photography reasonable-person reasonable-person-standard seizure
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Did the Kansas Court of Appeals err when it affirmed the trial court's decision regarding custody for the purposes of Miranda, and does the court err by applying the law decently?

2. Would a reasonable person feel free to terminate an encounter?

3. Does photography of children in public justify probable cause?

Question Presented (AI Summary)

Did the Kansas Court of Appeals err when it affirmed the trial court's denying custody for the purposes of Ananda, and did the court err by applying the law incorrectly?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-18
Waiver of right of respondent Kansas to respond filed.
2022-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2023)

Attorneys

James Dayvault
James Dayvault — Petitioner
Kansas
Dwight Rlyn CarswellKansas Attorney General's Office, Respondent