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Brooklyn Zavion Johnson v. West Virginia

Paid petition · Supreme Court of Appeals of West Virginia, No. 21-0683 · judgment December 6, 2022


Certiorari denied · May 1, 2023
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

Whether Petitioner’s 4th amendment right against unreasonable search was violated where police made warrantless entry into his hotel on the basis that a third party who had purchased the room but who was not staying in the room gave consent to search. Whether Petitioner’s 4th amendment right against unreasonable seizure was violated where police lacked authority to arrest under state law because probable cause existed only as to a misdemeanor offense which required a warrant before arrest. Whether Petitioner’s 5th Amendment right against self-incrimination where Petitioner, a juvenile, was interviewed outside the presence of his parents and where he was under the influence of drugs at the time of the interview. Whether Petitioner’s 14th Amendment due process rights were violated by the Court’s conduct during trial and pretrial proceedings where his transfer to criminal jurisdiction was done in violation of statute, where jury questions were answered in a manner to optimize the state’s advantage, and where unrelated prior acts evidence was improperly admitted as intrinsic to the charged crime.

Counsel of record

For petitioner
Christian John Riddell
The Riddell Law Group

For respondent
Lindsay Sara See
Office of the West Virginia Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 01 2023
    Petition DENIED.
  2. Apr 12 2023
    DISTRIBUTED for Conference of 4/28/2023.
  3. Apr 06 2023
    Waiver of right of respondent West Virginia to respond filed.
  4. Mar 06 2023
    Petition for a writ of certiorari filed. (Response due April 10, 2023)