No. 23-7134

Daniel Louis Jackson v. United States

Lower Court: Eighth Circuit
Docketed: 2024-04-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-procedure cole-application due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default search-and-seizure search-warrant standard-of-review
Key Terms:
CriminalProcedure HabeasCorpus
Latest Conference: 2024-05-09
Question Presented (from Petition)

Can reviewing judge rely on information not provided to the issuing judge for determining whether substantial basis exists showing do the McCleskey substantial basis test, if not do judge make a mistake under 28 U.S.C. § 2255(b) when looking outside the four corners of the affidavit and supporting the affidavit the affidavit?

When applicant's Continuance Case has a record does consistent with a mistake of law under 28 U.S.C. § 2255(b)?

As to the habeas court's doing review etc the supporting affidavit of a search warrant when motions challenges the search through the ineffective assistance of counsel? If so, does the failure to review create a defect in the habeas proceeding under the 6th/6th?

Whether the Court of Appeals erroneously denied Jackson's cert application?

Question Presented (AI Summary)

Whether a magistrate can rely on information not provided in the affidavit when determining if there is a substantial basis to issue a warrant

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-11
Waiver of right of respondent United States to respond filed.
2024-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)

Attorneys

Daniel Jackson
Daniel Louis Jackson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent