No. 21-8047
Santiago Esquivel v. Gary Miniard, Warden
Response WaivedIFP
Tags: criminal-procedure due-process fundamental-fairness habeas-corpus miranda-rights post-arrest-silence prosecutorial-conduct prosecutorial-misconduct sixth-circuit
Latest Conference:
2022-09-28
Question Presented (from Petition)
I.
DID
THE
SIXTH CIRCUIT
ERR, WHEN
IT
FAILED TO
FIND
AS
DEBATABLE
OR
WRONG
THE
DISTRICT
COURT'S
DECISION
THAT
THE
PROSECUTOR'S
REFERENCE
TOI
PETITIONER'S
POST-ARREST, POSTMIRANDA
SILENCE
WAS
NOT
AN
AFFRONT
TO
FUNDAMENTAL FAIRNESS?
II.
DID
THE
SIXTH
CIRCUIT
COURT
OF
APPEALS
CLEARLY
ERR
IN
ITS
DENIAL
OF
PETITIONER'S
REQUEST
FOR
A
CERTIFICATE
OF
APPEALABILITY,
WHEN IT
THAT
PETITIONER WAS
S NOT
DETERMINED
ENTITLED
TO HABEAS
RELIEF
ON
HIS
CLAIM
THAT
HIS
SENTENCE
WAS
BASED
ON
INACCURATE
INFORMATION?
Question Presented (AI Summary)
did-the-sixth-circuit-err-in-failing-to-find-the-district-court's-decision-on-the-prosecutor's-reference-to-petitioner's-silence-as-debatable-or-wrong
Docket Entries
2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
Waiver of right of respondent Gary Miniard, Warden to respond filed.
2022-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2022)
2022-03-02
Application (21A462) granted by Justice Kavanaugh extending the time to file until April 29, 2022.
2022-02-15
Application (21A462) to extend the time to file a petition for a writ of certiorari from February 28, 2022 to April 29, 2022, submitted to Justice Kavanaugh.
Attorneys
Gary Miniard, Warden
Fadwa A. Hammoud — Michigan Department of Attorney General, Respondent
Santiago Esquivel
Santiago Esquivel — Petitioner