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In Re John H. Todd

Paid petition


Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

1 . Does Oregon's conflicting statutes on search warrants that exist between ORS 133.545(5) which requires a fully trained police officer and ORS 167.345 which allows non-police officers provide the same level of constitutional safeguards 'for suspects in a criminal investigation?

  1. If a "confession" can be excluded for lack of "voluntariness" (Culombe v. Connecticut, 367 U.S. 568) or "unlawful police conduct" (Lynumn v. Illinois 372 U.S. 528), then can blank surrender forms with coerced signatures for personal property obtained by law enforcement during the execution of a search warrant during a criminal investigation be excluded as evidence as well?

  2. Can statements made while being deposed by an officer's attorney in which the officer is being sued in federal court for civil rights violations be used as evidence by that officer and his attorney, if the plaintiff in that suit was not informed prior to questioning that the attorney's clients, the officer and the county he was employed by, had obtained an Indictment and Arrest Warrant in state court five months earlier for the plaintiff in the federal case and the plaintiff was not informed of the Indictment until another year had gone by and the federal case was dismissed and the plaintiff was arrested. y,

Counsel of record

For petitioner
John Henry Todd

For respondent
Benjamin Noah Gutman
Oregon Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 07 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 30 2021
    Waiver of right of respondent State of Oregon to respond filed.
  4. Jun 12 2021
    Petition for a writ of mandamus filed. (Response due July 21, 2021)