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Brian N. Terry v. Oklahoma

IFP petition · Court of Criminal Appeals of Oklahoma, No. F-2024-85 · judgment May 22, 2025


Certiorari denied · January 26, 2026

Question presented

This case involves a serious of important question about fair warning to United States citizens of a collateral and direct Fourth, Fifth, Sixth, and Fourteenth Amendment consequence and where the responsibility of fair warning lies, whether defense counsel assigned to prosecute and appeal from a criminal conviction has a constitutional duty to raise every nonfrivolous issue requested by the defendant, and the constitutional violation of the illegal Search and Seizure of a residences home, an claim appellate counsel failed to raise, and whether the U.S. Constitution provides at least equal, if not greater protections, to U.S. Citizens as it does to a Lawful Permanent Resident. Whether a criminal defendant has a constitutional right to have appellate counsel raise every nonfrivolous issue that the defendant request..........................................................19 Whether the failure of the appellate attorney court to consider advancing this claim Of Search and Seizure on direct appeal................................................................................ 12 Whether the searches of his home and of his person were lawful without a search warrant......................................................................................................................................... 10 Whether the taking of the cellphone under duress, with force, from the hand of one Suspected of crime, the cellphone belonging to him, of evidential value only, by A presentative of any branch or subdivision of the government of the United States, A violation of the Fourth Amendment...................................................................................... 6 Whether a representative of any branch of subdivision of the government of the United States retrieves a DNA Buccal Swab from one suspected of a crime under Persuasion, force, or promises, is a violation of the Fourth Amendment.............................7 Whether the admission of such cellphone video in evidence against the same person When indited for crime is a violation of the Fifth Amendment.............................................. 9 LIST OF PARTIES [ ] All parties appear in the caption of the case on the cover page. [X] All parities do not appear in the caption of the case on the cover page. A list Of all parties to the proceeding in the court whose judgment is the subject of This petition is as follows: Gentner Drummond, Attorney General Clerk of the Supreme Court Brenna C. Gibson, Asst. Att. General of the United States 313 N.E. 21th Street Washington D.C. 20543 Oklahoma City, 73105-4907

Counsel of record

For petitioner
Brian N. Terry

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 26 2026
    Petition DENIED.
  2. Jan 08 2026
    DISTRIBUTED for Conference of 1/23/2026.
  3. Aug 20 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)