No. 21-7415

Matthew Rausenberg v. Don Langford, Warden

Lower Court: Sixth Circuit
Docketed: 2022-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights constitutional-rights custody-analysis custody-determination due-process habeas-corpus interrogation-circumstances miranda-warnings police-interrogation
Latest Conference: 2022-04-14
Question Presented (from Petition)

Whether reasonable jurists could debate the issue of custody for Miranda purposes, as various state and federal courts have, when an individual has been detained, held incommunicado in a police dominated atmosphere, and interrogated without receiving Miranda warnings?

Whether under the totality of circumstances approach, all relevant circumstances should be considered in the custody analysis, including specific statements from interrogators that a defendant is not allowed to call anybody for help?

Whether a state habeas petitioner may satisfy his burden under 28 U.S.C. 2253(c)(2) of making a substantial showing of a constitutional right for the issuance of a certificate of appealability by pointing to multiple rulings from other federal courts that have resolved the same claim "in a different manner " than the district court did in his case upon similar facts?

Question Presented (AI Summary)

Whether reasonable jurists could debate the issue of custody for Miranda purposes

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-23
Waiver of right of respondent Don Langford to respond filed.
2021-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2022)

Attorneys

Don Langford
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Matthew Rausenberg
Matthew Rausenberg — Petitioner