No. 21-8047

Santiago Esquivel v. Gary Miniard, Warden

Lower Court: Sixth Circuit
Docketed: 2022-06-03
Status: Denied
Type: IFP
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. HammoudMichigan Department of Attorney General, Respondent
Santiago Esquivel
Santiago Esquivel — Petitioner