Ex parte Ryan Edward Schuller

Summary

This document is a Petition for Discretionary Review filed by Ryan Edward Schuller in the Texas Court of Criminal Appeals. It challenges the Fifth Court of Appeals' reversal of habeas corpus relief concerning a warrantless canine sniff at the curtilage of a residence and argues that Florida v. Jardines made the search unconstitutional. The filing also contends that the claim could be raised in habeas proceedings because the controlling legal basis was unavailable when Schuller entered his guilty plea.

Questions Presented

1. Whether an article 11.072 habeas applicant may raise an unlawful-search claim that was not reasonably available at the time of the plea because then-controlling Texas law treated a free-air dog sniff of a residence's curtilage as lawful.
2. Whether the Texas 'right not recognized' exception or related habeas principles permitted Schuller to challenge the search after Florida v. Jardines changed the governing Fourth Amendment law.
3. Whether the right to be free from an unreasonable search of one's home is a fundamental or absolute constitutional right that could not be waived by the guilty plea under the circumstances presented.

Disposition

other