No. 19-7752

Daniel Ochoa v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure custodial-interrogation custody due-process eleventh-circuit fifth-amendment miranda-rights miranda-v-arizona pre-miranda-questioning public-safety-exception self-incrimination
Key Terms:
FifthAmendment CriminalProcedure Privacy
Latest Conference: 2020-03-20
Question Presented (from Petition)

Whether Mr. Ochoa's Fifth Amendment rights were violated when the
Eleventh Circuit Court of Appeals found that the public-safety-exception to this
Court's general rule in Miranda v. Arizona, 384 U.S. 436, 460-61 (1966) justified
pre-Miranda questioning of Mr. Ochoa who was in custody when he was questioned?

Question Presented (AI Summary)

Whether Mr. Ochoa's Fifth Amendment rights were violated

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-28
Waiver of right of respondent United States to respond filed.
2020-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)
2020-01-22
Application (19A811) granted by Justice Thomas extending the time to file until February 22, 2020.
2020-01-16
Application (19A811) to extend the time to file a petition for a writ of certiorari from January 23, 2020 to March 23, 2020, submitted to Justice Thomas.

Attorneys

Daniel Ochoa
Gail Smith StageFederal Public Defender, Southern District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent