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Gregory Garcia v. New Jersey
Paid petition · Superior Court of New Jersey, Appellate Division, No. A-1606-22 · judgment October 7, 2024
Certiorari denied · June 23, 2025
Pre-decision estimate: 0% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a criminal defendant is entitled to a Franks hearing when he presents specific and concrete evidence that the government agent who presented the affidavit in support of a search warrant, had actual knowledge that the defendant is innocent of the crime alleged?
Counsel of record
For petitioner
Steven J. Kaflowitz
Union County Prosecutor's Office
For respondent
Jennifer Erin Kmieciak
N.J. Attorney General - Div of Criminal Justice
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 23 2025Petition DENIED.
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- May 27 2025Waiver of right of respondent New Jersey to respond filed.
- May 01 2025Petition for a writ of certiorari filed. (Response due June 9, 2025)