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Dwayne Ernest Wharton v. Texas

IFP petition · Court of Appeals of Texas, First District, No. 01-22-00178-CR · judgment November 26, 2024


Certiorari denied · December 8, 2025

Question presented

Does a violation of the Fourth Amendment, as enunciated in this Court's holdings in Carpenter v. United States, 138 U.S. 2206 (2018) and United States v. Jones, 565 U.S. 400 (2012) occur when, in a state court capital murder trial, the lower courts hold that evidence of GPS location data stored by a third party is admissible when obtained by law enforcement without first securing a search warrant issued by a neutral and detached magistrate?

Counsel of record

For petitioner
Wayne Trenchard Hill

For respondent
Heather Anne Hudson
Harris County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 08 2025
    Petition DENIED.
  2. Nov 13 2025
    DISTRIBUTED for Conference of 12/5/2025.
  3. Nov 10 2025
    Waiver of right of respondent Texas to respond filed.
  4. Sep 12 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2025)