No. 19-6456

Geoffrey Baggett v. M. Eliot Spearman, Warden

Lower Court: Ninth Circuit
Docketed: 2019-10-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights confession-suppression custodial-interrogation due-process miranda-rights police-interrogation police-tactics prejudicial-error prejudicial-evidence right-to-counsel self-incrimination
Latest Conference: 2019-12-06
Question Presented (from Petition)

PETITIONERS CONFESSION SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE BECAUSE PETITIONER WAS THE VICTIM. OF MISLEADING TACTICS LEADING UP TO BEING ADVISED OF HIS MIRANDA RIGHTS AND DID NOT WAIVED HIS RIGHT TO COUNSEL^ MOREOVER, HE CONTINUED TO BE QUESTIONED AFTER INVOKING HIS RIGHT TO COUNSEL

A. Petitioner moved to exclude his confession, and that motion was denied.

B. The police improperly delayed giving Petitioner Miranda warning in order to "Soften him up" and this resulted in Petitioner's decision to speak in the officers after Warnings was given

C. Petitioner invoked his right to counsel, but was ignored and deflected..

D. Admission of the confession was prejudicial

Question Presented (AI Summary)

Whether petitioner's confession should have been excluded from evidence because petitioner was the victim of misleading tactics leading up to being advised of his Miranda rights and did not waive his right to counsel, and continued to be questioned after invoking his right to counsel

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-04
Waiver of right of respondent Spearman, Warden to respond filed.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2019)

Attorneys

Geoffrey Baggett
Geoffrey Baggett — Petitioner
Spearman, Warden
Rene Antonio ChaconCA Department of Justice, Respondent