No. 23-398

Henry H. Howe v. Steven Gilpin, et al.

Lower Court: Eighth Circuit
Docketed: 2023-10-17
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: confidential-informant criminal-investigation dishonesty-and-false-statement law-enforcement probable-cause reckless-disregard rule-609 warrant-affidavit
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

Whether complete omission from an arrest warrant of a primary confidential informant's multiple prior Rule 609 [F.R.Evid.] "dishonesty and false statement" convictions actually known to the law enforcement warrant affiant – convictions for Theft False Representation, Theft By Swindle, Bigamy, "Theft More Than $35,000", Aggravated Forgery, and Check Forgery – is an omission which causes the warrant to be invalid if the warrant-issuing judge's probable cause determination was based on an affidavit with the omitted information exhibiting reckless disregard for the truth on the part of the law enforcement affiant.

Whether a law enforcement arrest warrant affiant's actual knowledge of a primary confidential informant's self-reported multiple prior Rule 609 [F.R.Evid.] "dishonesty and false statement" convictions creates a duty for that law enforcement warrant affiant to conduct further background investigation – at least including a check of the confidential informant's criminal history -- before presenting a warrant affidavit to a prospective warrant-issuing judge or magistrate.

Question Presented (AI Summary)

Whether complete omission from an arrest warrant of a primary confidential informant's multiple prior Rule 609 [F.R.Evid.] 'dishonesty and false statement' convictions actually known to the law enforcement warrant affiant is an omission which causes the warrant to be invalid

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-10-30
Waiver of right of respondent Steven Gilpin and Scott Kraft to respond filed.
2023-10-30
Waiver of right of respondents Barbara Whelan and Delicia Glaze to respond filed.
2023-10-11
Petition for a writ of certiorari filed. (Response due November 16, 2023)

Attorneys

Barbara Whelan and Delicia Glaze
Daniel L. GaustadPearson Christensen, PLLP, Respondent
Henry H. Howe
David Clark Thompson IIIDavid C. Thompson, P.C., Petitioner
Steven Gilpin and Scott Kraft
Courtney R. TitusNorth Dakota Office of Attorney General, Respondent