No. 23-5490
Franklin Paul Eller, Jr. v. United States
Response WaivedIFP
Tags: circuit-split exclusionary-rule fourth-amendment fourth-amendment-violation probable-cause search-warrant severance-doctrine warrant-overbreadth
Latest Conference:
2023-10-06
Question Presented (from Petition)
(1) Is severance of any overbroad warrant a permissible exception to the exclusionary rule; and if so,
(2) What it is the appropriate method to determine whether a warrant is capable of severance?
Question Presented (AI Summary)
Is severance of any overbroad warrant a permissible exception to the exclusionary rule
Docket Entries
2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-11
Waiver of right of respondent United States to respond filed.
2023-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2023)
2023-06-12
Application (22A1068) granted by Justice Kagan extending the time to file until August 17, 2023.
2023-06-08
Application (22A1068) to extend the time to file a petition for a writ of certiorari from July 3, 2023 to August 17, 2023, submitted to Justice Kagan.
Attorneys
Franklin Eller, Jr.
Michael L. Burke — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent