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Texas v. John Wesley Baldwin

Paid petition · Court of Criminal Appeals of Texas, No. PD-0027-21 · judgment May 11, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 3% cert probability

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

Questions presented

In Illinois v. Gates, this Court held that a warrant’s issuance “cannot be a mere ratification of the bare conclusions of others,” but also that “warrants are—quite properly—issued on the basis of nontechnical, common-sense judgments of laymen.”

  1. Whether an officer’s uncorroborated belief that co-conspirators who planned a crime over multiple days used their cell phones to do so is a “bare conclusion” or a “common-sense judgment” given this Court’s acknowledgment in Riley v. California that cell phones are “a pervasive and insistent part of daily life.”

  2. Does the Constitution require a distinct nexus between a cell phone and an offense in order to obtain a search warrant for the device in the context of an organized criminal offense, or is it sufficient that there are nexuses between the device and the offender as well as between the offender and the offense?

Counsel of record

For petitioner
Cory Stephen Stott
Harris County, Texas District Attorney's Office

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A308

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 11 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Nov 17 2022
    Petition for a writ of certiorari filed. (Response due December 22, 2022)
  4. Oct 12 2022
    Application (22A308) granted by Justice Alito extending the time to file until November 24, 2022.
  5. Oct 07 2022
    Application (22A308) to extend the time to file a petition for a writ of certiorari from October 25, 2022 to November 24, 2022, submitted to Justice Alito.