No. 18-5362

Omar Qazi v. United States

Lower Court: Ninth Circuit
Docketed: 2018-07-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure criminal-procedure due-process equal-protection fifth-amendment judicial-review miranda-warnings standing unpublished-decisions
Key Terms:
FifthAmendment CriminalProcedure
Latest Conference: 2018-09-24
Question Presented (from Petition)

(1) Could binding authority from the Ninth Circuit's published opinions in United States v. San Juan-Cruz, 314 F.3d 384 (9th Cir. 2002) and United States v. Noti, 731 F.2d 610 (9th Cir. 1984); and of the U.S. Supreme Court's opinions in Miranda v. Arizona, 384 U.S. 436 (1966) and Florida v. Powell, 559 U.S. 50 (2010), be disregarded by the Ninth Circuit in it's Unpublished Memorandum?; (2) Did the three-judge panel have the authority to overrule those binding authorities?; (3) Did the Ninth Circuit have to provide an analysis behind the reasoning for their decision in reversing the District Court?; (4) Was the dicta used in the Ninth Circuit's decison a summary of the Miranda warnings?; and (5) Is dictum sufficient enough to be the sole basis for a decision with nothing more?

Question Presented (AI Summary)

Whether the Ninth Circuit panel decision conflicts with established Supreme Court and Ninth Circuit precedents on Miranda warnings, and whether the panel had authority to overrule those precedents without sufficient analysis

Docket Entries

2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondent United States to respond filed.
2018-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)

Attorneys

Omar Qazi
Omar Qazi — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent