Benjamin Appleby v. Dan Schnurr, Warden, et al.

Does the Fourth Amendment of the U.S. Constitution require suppression of evidence if Kansas officers acted outside their territorial jurisdiction by: directing the timing of arrest of Mr. Appleby on a Connecticut offense, so they could interrogate Appleby at the Connecticut station, regarding a Kansas homicide; drafted and signed Connecticut search warrant affidavits for Appleby’s DNA and residence, alleging facts involving a Kansas homicide, where search warrants indicated there was probable cause to believe a Connecticut homicide statute was violated; and helped search Appleby’s Connecticut residence, where Connecticut did not make any request for assistance, and whether counsel were ineffective for failure to raise this issue below, in violation of Appleby’s Sixth Amendment right to effective assistance of counsel pursuant to Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984).

Did submission of Appleby’s confession to the jury violate his Fifth and Fourteenth Amendment rights against self-incrimination, where in conformance with a notice of rights provided to Mr. Appleby, with respect to Connecticut charges he was arrested for, which included the right to consult with an attorney before being questioned, and after Mr. Appleby was advised someone would question Appleby, Appleby asked twice, if he would have an opportunity to talk to an attorney, and minutes later, without being provided an opportunity to contact counsel, Mr. Appleby was escorted to another room within the Connecticut