No. 18-6811

Damaso Rivera Fonseca v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure custody due-process interrogation interrogation-limits miranda-rights rhode-island-v-innis right-to-counsel spontaneous-statement voluntariness
Key Terms:
CriminalProcedure
Latest Conference: 2019-01-04
Question Presented (from Petition)

IF AN INTERROGATOR FAILS TO REMAIN WITHIN THE BRIGHT-LINE AFTER THE SUSPECT INVOKE COUNSEL, CAN A SPONTANEOUS STATEMENT -WHICH IS MADE AFTER THE SUSPECT SEES HIS GIRLFRIEND BEING TRANSPORTED TO JAIL- HELD TO BE VOLUNTARY? UNDER RHODE ISLAND V. INNS, 466 U.S 291 (1980)

Question Presented (AI Summary)

Whether a spontaneous statement made by a suspect after invoking his right to counsel and seeing his girlfriend being transported to jail is voluntary under Rhode Island v. Innis, 466 U.S. 291 (1980)

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
Waiver of right of respondent United States to respond filed.
2018-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)

Attorneys

Damaso Rivera Fonseca
Damaso Rivera Fonseca — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent