William Eblen v. Kevin Genovese, Warden
Syllabus
The pro se petitioner, William Eblen, appeals the denial of his petition for writ of habeas corpus by the Circuit Court for Lake County, arguing the trial court erred in summarily dismissing his petition. He insists his sentence should have expired, but the Tennessee Department of Correction \erased\ sentence reduction credits he had earned. The State contends the trial court properly dismissed the petition. Upon our review of the record, the applicable law, and the briefs of the parties, we affirm the ruling of the trial court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Concerning the place where such a search is conducted, courts have indicated that, in order to preserve a detainee’s privacy, a private room is preferable”
- officer’s action of lifting back defendant’s waistband to retrieve bag of drugs from his buttocks, thus publicly exposing his buttocks, constituted strip search
- no exigent circumstances where defendant was handcuffed face down on sidewalk surrounded by four officers and officers knew object in defendant's shorts was not weapon
- compliance with written policy concerning when and how to conduct visual body cavity search and strip search is factor in determining reasonableness of search
- “Whether a person of the same gender conducts the search should be given consideration”
- “For a visual body cavity search and a strip search to be constitutional under the Fourth Amendment [to the United States Constitution] and art. 14 [of the Massachusetts Declaration of Rights], such searches also must be reasonably conducted”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge J. Ross Dyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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