No. 21-5795

Ethan Guillen v. United States

Lower Court: Tenth Circuit
Docketed: 2021-09-27
Status: Denied
Type: IFP
Amici (1)IFP
Tags: circuit-split confession-admissibility constitutional-rights criminal-procedure interrogation-procedure law-enforcement-procedure miranda-warnings officer-intent question-first-interrogation seibert-v-missouri
Latest Conference: 2022-01-07
Question Presented (from Petition)

In determining the admissibility of post-warning confessions given during question-first interrogations, should courts apply the Seibert plurality's objective test focused on the effectiveness of the warnings provided to the suspect or Justice Kennedy's subjective test based on officer intent?

Question Presented (AI Summary)

In determining the admissibility of post-warning confessions given during question-first interrogations, should courts apply the Seibert plurality's objective test focused on the effectiveness of the warnings provided to the suspect or Justice Kennedy's subjective test based on officer intent?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-16
DISTRIBUTED for Conference of 1/7/2022.
2021-12-13
Reply of petitioner Ethan Guillen filed.
2021-11-29
Brief of respondent United States in opposition filed.
2021-10-27
Brief amici curiae of Criminal Law and Procedure Professors filed.
2021-10-14
Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2021.
2021-10-13
Motion to extend the time to file a response from October 27, 2021 to November 26, 2021, submitted to The Clerk.
2021-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2021)

Attorneys

Criminal Law and Procedure Professors
James Connolly DuganWillkie Farr & Gallagher, LLP, Amicus
Ethan Guillen
Melissa Ayn MorrisOffice of the Federal Public Defender District of New Mexico, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent