No. 19-6854
Response WaivedIFP
Tags: access-to-courts civil-procedure civil-rights coercive-interrogation constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus miranda-rights prisoner-rights standing state-court-review suppression-of-evidence
Latest Conference:
2020-01-10
Question Presented (from Petition)
1. Can the "Prison Mailbox Rule" announced in Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S.Ct. 2379 (1988), be applied to this case to excuse his Procedural Default?
2. Whether the South Dakota Supreme Court erred when it rejected Mr. Palomarez's motion for a Certificate of Probable Cause?
3. Whether the officers used coercive tactics and took unlawful advantage of his intoxication to obtain an invalid Miranda Rights?
Question Presented (AI Summary)
Whether the 'prison mailbox rule' announced in Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S. Ct. 2379 (1988) should be applied to this case to excuse the procedural default
Docket Entries
2020-01-13
Petition DENIED.
2019-12-17
Waiver of right of respondent Darin Young to respond filed.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-14
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Attorneys
Darin Young
Sherri Sundem Wald — Respondent
In Re Alexander Palomarez
Alexander Palomarez — Petitioner