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John Matthew Gayden, Jr. v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 18-14182 · judgment October 9, 2020


Certiorari denied · October 4, 2021

Question presented

I. Florida’s Prescription Drug Monitoring Program (PDMP), like PDMPs across the country, is a digital database that collects and analyzes controlled substance prescription information on an ongoing, statewide basis. The question presented is: whether, or under what circumstances, the Fourth Amendment permits a law enforcement officer pursuing a criminal investigation to search the PDMP without a warrant. II. Whether, to establish that pre-indictment delay violated due process, the defendant must prove both actual prejudice from the delay and that the delay resulted from the government’s improper motive or intentional tactical decision, as nine circuit courts and 28 state courts of last resort have held, or whether the defendant must prove actual prejudice and, assuming he does, courts must then balance that prejudice against the government’s articulated reasons for the delay, as two circuit courts and nine state courts of last resort have held.

Counsel of record

For petitioner
Katherine Howard
Office of the Federal Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 19 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 11 2021
    Reply of petitioner John Matthew Gayden, Jr. filed.
  4. Jul 30 2021
    Brief of respondent United States of America in opposition filed.
  5. Jun 25 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 30, 2021.
  6. Jun 24 2021
    Motion to extend the time to file a response from July 1, 2021 to July 30, 2021, submitted to The Clerk.
  7. May 27 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2021.
  8. May 26 2021
    Motion to extend the time to file a response from June 1, 2021 to July 1, 2021, submitted to The Clerk.
  9. Apr 27 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)