Neil Gorsuch on Crime
Gorsuch, dissenting, said police can "knock and talk" only with the homeowner's consent, or a warrant, [and Carloss' officers had either]. Officers sometimes use knock and talks in ways that test the boundaries of the consent on which they depend. Carloss curtilage--that area "immediately surrounding the home"--is protected by the Fourth Amendment much like the home itself. So not only do officers need a warrant or consent to enter a home, they also need one of those things to reach the home's front door in the first place. Carloss removed the license to enter the curtilage by the numerous "No Trespassing" signs.
Eizember was sentenced to be executed for the bludgeoning death of A.J. Cantrell, 76, and to 150 years in prison in the shotgun slaying of Patsy Cantrell, 70, at their Depew home. "Scott Eizember left a Tulsa jail intent on settling a score," Judge Neil Gorsuch of the Denver-based appeals court wrote in a 34-page decision. "He was upset with his ex-girlfriend, Kathy Biggs, because she had tipped off authorities about his violation of a protective order." Eizember had broken into the Cantrells' home to watch and wait for his ex-girlfriend to return to her mother's house across the street.
One judge on a three-judge panel said the death sentence should be overturned. In a 30-page dissenting opinion, the Chief Judge wrote that one juror's views in favor of the death penalty raise doubts about her ability to be fair and impartial.
|Other Justices on Crime:||Neil Gorsuch on other issues:|
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)
Merrick Garland(nominated 2016)
John Paul Stevens(1975-2010)
Sandra Day O'Connor(1981-2006)
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