No. 24-6459

Kyle Anthony Shephard v. United States

Lower Court: Ninth Circuit
Docketed: 2025-02-03
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appellate-review consent-review criminal-law due-process judicial-procedure standard-of-review
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2025-06-26 (distributed 2 times)
Question Presented (from Petition)

Due to a lack of guidance from the Supreme Court, lower courts apply a variety of standards of review to the issue of whether an individual's consent was voluntary: clear error, de novo, and a mix of the two.

Should the voluntariness of a defendant's consent always be reviewed de novo?

Question Presented (AI Summary)

Should the voluntariness of a defendant's consent always be reviewed de novo?

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
Reply of petitioner Kyle Anthony Shephard filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2025-06-11
Reply of Kyle Shephard submitted.
Main DocumentCertificate of Word CountProof of Service
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-05-28
Brief of respondent United States in opposition filed.
Main DocumentProof of ServiceMain DocumentProof of Service
2025-05-28
Brief of United States in opposition submitted.
Main DocumentProof of Service
2025-04-25
Motion to extend the time to file a response is granted and the time is further extended to and including May 28, 2025.
2025-04-24
Motion of United States for an extension of time submitted.
Main Document
2025-04-24
Motion to extend the time to file a response from April 28, 2025 to May 28, 2025, submitted to The Clerk.
Main DocumentMain Document
2025-03-24
Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2025.
2025-03-21
Motion to extend the time to file a response from March 28, 2025 to April 28, 2025, submitted to The Clerk.
Main DocumentMain Document
2025-03-21
Motion of United States for an extension of time submitted.
Main Document
2025-02-26
Response Requested. (Due March 28, 2025)
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-14
Waiver of United States of right to respond submitted.
Main Document
2025-02-13
Waiver of right of respondent United States to respond filed.
Main DocumentMain Document
2025-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2025)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word CountProof of ServiceMotion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word Count

Attorneys

Kyle Shephard
James Michael Chavez — Law Office of James M. Chavez, Petitioner
United States
D. John Sauer — Solicitor General, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent