No. 18-269

Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General

Lower Court: Ninth Circuit
Docketed: 2018-09-04
Status: Denied
Type: Paid
Tags: attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine
Latest Conference: 2018-11-09
Question Presented (from Petition)

1. Resolving a conflict within federal courts, arethe Sixth Amendment rights of federal
inmates and detainees to the assistance of
counsel violated when their prison emailswith counsel, especially those labeled as"confidential attorney'client privileged
communication," are nevertheless intercepted
and allowed to be read as a matter of
presently established Bureau of Prisons and
Justice Department policy by their employees,
including prosecutors?

2. Are federal inmates and detainees required to
exhaust Congressional Prison Litigation
Reform Act administrative procedures before
being allowed to object in court to violations oftheir Sixth Amendment rights to the
assistance of counsel when their prison emailswith counsel, especially those labeled as"confidential attorney-client privileged
communication," are nevertheless intercepted
and allowed to be read as a matter of
presently established Bureau of Prisons and
Justice Department policy by their employees,
including prosecutors?

3. Are the attorney work product privileges and
ownership rights of criminal defense attorneys
violated when their prison emails with inmate
and detainee clients, especially those labeledas "confi.dential attorney'client privileged
communication," are admittedly allowed to be
read as a matter of Bureau of Prisons and
Justice Department policy by their employees,
including prosecutors?

Question Presented (AI Summary)

Sixth Amendment right to counsel violated by interception of prison emails with counsel

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-07-30
Petition for a writ of certiorari filed. (Response due October 4, 2018)
2018-05-31
Application (17A1319) granted by Justice Kennedy extending the time to file until July 30, 2018.
2018-05-21
Application (17A1319) to extend the time to file a petition for a writ of certiorari from May 31, 2018 to July 30, 2018, submitted to Justice Kennedy.

Attorneys

Alan Mapuatuli, et al.
Gary Victor DubinDubin Law Offices, Petitioner
Matthew G. Whitaker, Acting Attorney General
Noel J. FranciscoSolicitor General, Respondent