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Konstadin Bitzas v. New Jersey
Paid petition · Superior Court of New Jersey, Appellate Division, No. A-3213-21 · judgment May 30, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Under Franks v. Delaware, 438 U.S. 154 (1978), do defects in the search warrant application process, including failure to satisfy the oath requirement; providing an ambiguous and misleading criminal history; and omitting key facts about the complaining witnesses’ intoxication, render a criminal search warrant invalid?
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Under Brigham City v. Stuart, 547 U.S. 398 (2006) and United States v. Rahimi, 144 S. Ct. 1889 (2024), did the warrant-issuing judge and the reviewing courts impermissibly blur-the-line between the emergency caretaker function requirements to enter a dwelling and the more stringent probable cause requirements for issuance of a criminal search warrant?
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Under Rock v. Arkansas, 483 U.S. 44 (1987), when an individual represents himself pro se at a criminal trial, does a trial court’s failure to conduct a colloquy to determine whether the defendant understands his right to testify violate the Due Process Clause of the Fourteenth Amendment, the Compulsory Process Clause of the Sixth Amendment, and the Fifth Amendment?
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Under New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022) and United States v. Rahimi, 602 U.S. ___ (2024), does the Second Amendment permit a state statute criminalizing the possession of firearms by persons not convicted of a violent crime or otherwise determined to pose a safety risk to themselves or others?
Counsel of record
For petitioner
Eric Victor Kleiner
Law Office of Eric V. Kleiner, Esq.
For respondent
Ian Christopher Kennedy
Bergen County Prosecutor's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 24 2025Petition DENIED.
- Jan 22 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 16 2025Waiver of right of respondent New Jersey to respond filed.
- Dec 19 2024Petition for a writ of certiorari filed. (Response due January 27, 2025)