No. 20-5121

Brayan Gutierrez-Diaz v. United States

Lower Court: Ninth Circuit
Docketed: 2020-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appointed-counsel criminal-procedure due-process fifth-amendment interrogation miranda-warning right-to-counsel self-incrimination
Key Terms:
FifthAmendment CriminalProcedure
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether and to what extent a mistranslated Miranda warning, which does not reasonably convey the right to appointed counsel during interrogation, fails to protect a defendant's Fifth Amendment right against self-incrimination when the resulting confession is later used to convict the defendant?

Question Presented (AI Summary)

Whether and to what extent a mistranslated Miranda warning, which does not reasonably convey the right to appointed counsel during interrogation, fails to protect a defendant's Fifth Amendment right against self-incrimination when the resulting confession is later used to convict the defendant?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-27
Waiver of right of respondent United States of America to respond filed.
2020-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)

Attorneys

Brayan Gutierrez-Diaz
Kristi A. HughesLaw Office of Kristi A. Hughes, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent