No. 19-5048

Mark Anthony Dolph v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure custody custody-determination due-process evidentiary-standard interrogation legal-procedure miranda-warnings officer-testimony video-evidence
Key Terms:
CriminalProcedure
Latest Conference: 2019-10-01
Question Presented (from Petition)

Custody: 1.why des reasne opinions of jurist thoughout the federal system demonstrate that frirminded jurist can disagree As to whether the use of handcuff, without morestrnsforms An otherwise non-Custodial traffic stop into A Custodial interrogation?

2.Would a "reasonable person" in Petitioner's* Position""have felt he was"At liberty to terminate the traffic stop interrogation And leave in handcuffs?

3. CAn firminded jurist disagree over whether Petitioner "being handcuffed,"was not in Custody?

Statement:Does Petitioner have the privalege of 5th Amendment rights, not to be A witness AgAinst himself?

2. How cAn A Court make A de termination; Petitioner was not in Custody when he made the statement" without watching the video DUD of the traffic stop?

3.When wAs Petitioner's statement obtained by of offécer DiAl?

Question Presented (AI Summary)

Why does Geasoned Opinions of _jprist Thou out the federal system demonstrate that freminded ytist can disagree AS +o Whether the use of handtudfs jturthout morestrans-voor AN ohecwise non~ Custodial tewffic stop into © custodhal \\nr cog ptions

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-15
Waiver of right of respondent Lorie Davis, Dir., TX DCJ to respond filed.
2019-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2019)

Attorneys

Lorie Davis, Dir., TX DCJ
Kyle Douglas HawkinsTexas Attorney General's Office, Respondent
Mark A. Dolph
Mark A. Dolph — Petitioner