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Kay E. Anderson v. Nebraska

Paid petition · Supreme Court of Nebraska, No. S-22-846 · judgment August 23, 2024


Certiorari denied · March 10, 2025
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 a party can be convicted of a crime based upon evidence obtained under a search warrant that was declared invalid because it was procured by fraudulent misrepresentations and in violation of a state statute? Did the Nebraska Supreme Court properly interpret the holding in Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523, 87 S. Ct. 1727, 18 L.Ed.2d 930 (1967) in finding that residents do not have a constitutional right to refuse a request for a warrantless search before an inspection warrant may be issued? PARTIES TO THE PROCEEDING Petitioner Kay E. Anderson (“Anderson”) was the defendant in the original county court action and the appellant before the Nebraska Supreme Court. Kay E. Anderson is an individual. Respondent State of Nebraska (“State”) was the plaintiff in the original county court action and the appellee before the Nebraska Supreme Court. The State of Nebraska is a political subdivision of the United States of America. CORPORATE DISCLOSURE STATEMENT Petitioner is an individual and no corporate entity is a party.

Counsel of record

For petitioner
Diana J. Vogt
Sherrets Bruno & Vogt LLC

For respondent
Kevin James Slimp
Omaha City Prosecutor

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 10 2025
    Petition DENIED.
  2. Feb 19 2025
    DISTRIBUTED for Conference of 3/7/2025.
  3. Feb 13 2025
    Waiver of right of respondent State of Nebraska to respond filed.
  4. Nov 23 2024
    Petition for a writ of certiorari filed. (Response due February 26, 2025)