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Lenard Johnson v. Richard Winfrey, Jr.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-20702 · judgment August 20, 2018


Certiorari denied · April 15, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Does Franks v. Delaware1 analysis apply when a court opines information omitted from a warrant application is material to establishing probable cause, and if so, is omitted information evaluated differently than false statements an officer included in the warrant application? II. Did the warrant application Deputy Lenard Johnson submitted inevitably violate clearly established law if an appellate court opines 11 years later the affidavit omitted information material to establishing probable cause? III. Did Richard Winfrey, Jr.’s claim brought under Franks v. Delaware accrue when Winfrey was aware of the factual content of information Deputy Johnson is accused of falsely presenting in the warrant application he submitted? 1. 438 U.S. 154, 155-56, 98 S. Ct. 2674, 2676 (1978).

Counsel of record

For petitioner
William S. Helfand
Lewis, Brisbois, Bisgaard & Smith

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
18A673

Proceedings

  1. Apr 15 2019
    Petition DENIED.
  2. Mar 20 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Jan 31 2019
    Petition for a writ of certiorari filed. (Response due March 8, 2019)
  4. Jan 02 2019
    Application (18A673) granted by Justice Alito extending the time to file until January 31, 2019.
  5. Dec 14 2018
    Application (18A673) to extend the time to file a petition for a writ of certiorari from December 27, 2018 to January 10, 2019, submitted to Justice Alito.