No. 19-772

Albert Diaz v. United States

Lower Court: Fifth Circuit
Docketed: 2019-12-16
Status: Denied
Type: Paid
Response Waived
Tags: criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation
Latest Conference: 2020-01-24
Question Presented (from Petition)

Whether the Fifth Circuit Court of Appeals correctly held that the Sixth Amendment right to counsel does not attach once the United States has focused its case on indicting the person and away from its investigation, but before those planned formal charges have issued, in contradiction with this Court's holding and three other circuit courts of appeals that have held that the Sixth Amendment right to counsel can attach prior to the issuance of formal charges.

Question Presented (AI Summary)

Whether the Sixth Amendment right to counsel attaches before formal charges are filed

Docket Entries

2020-01-27
Petition DENIED.
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2019-12-23
Waiver of right of respondent United States to respond filed.
2019-12-12
Petition for a writ of certiorari filed. (Response due January 15, 2020)

Attorneys

Albert Diaz
Cynthia Eva Hujar OrrGoldstein & Orr, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent