No. 20-6070

James Dee Gilmore, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2020-10-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver
Key Terms:
DueProcess FifthAmendment CriminalProcedure
Latest Conference: 2020-11-13
Question Presented (from Petition)

1. In failing to require the government to meet its heavy burden to show that defendant's post–invocation waiver of his Miranda rights, including his Sixth Amendment right to counsel, was voluntary, did the Ninth Circuit Court of Appeals establish a troubling precedent that is clearly inconsistent with th e Supreme Court's holding s in Edwards v. Arizona , 451 U.S. 477 (1981) and Lego v. Twomey , 404 U.S. 477 (1972) ?

2. Did the Ninth Circuit Court of Appeals' conclusion that H SI interrogators' threats and promises were not improper establish a far –ranging and troubling precedent that is clearly inconsistent with the Supreme Court's holdi ng in Hutton v. Ross , 429 U.S. 28 (1976)?

3. Did the Ninth Circuit Court of Appeals' decision to allow the unindicted personal –use methamphetamine found in defentant's pocket to support a lesser –included verdict of simple possession of methamphetamine violat e defendant's Fifth Amendment right to an indictment , and establish a far–ranging and troubling precedent that is clearly inconsistent with the Supreme Court's holding in Stirone v. United States , 361 U.S. 212 (1960)?

Question Presented (AI Summary)

whether-the-ninth-circuit-court-of-appeals-established-a-troubling-precedent-inconsistent-with-edwards-v-arizona-and-lego-v-twomey

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-21
Waiver of right of respondent United States of America to respond filed.
2020-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2020)

Attorneys

James Dee Gilmore, Jr.
Michael J. BresnehanLaw Offices of Michael J. Bresnehan, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent