No. 22-5174

Lester Waters, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2022-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure custodial-interrogation due-process exclusionary-rule miranda-rights self-incrimination substance-influence voluntary-waiver
Latest Conference: 2022-09-28
Question Presented (from Petition)

* unw rnmn i fqtfr WATFRS IR WAIVE HIS RIGHTS "KNOWINGLY AND INTELLIGENTLY" WHILE UNDER
THF°TNFUIENCEE OFEA SUBSTANCE "ALCOHOL" ? PER BERGHUIS V. THOMPKINS, 560 U.S 370 383,130 FFt ??Rfi 176 I FD 2d 1098 ( 2010) A WAIVER IS " KNOWING AND INTELLIGENT" WHEN IT
tA MAnF2WTTH7FIII \ AWARENESS OF BOTH THE NATURE OF THE RIGHT ABANDONED AND THE CONSEQUENCE i OF ABANDONING THE RIGHT AND A WAIVER IS "VOLUNTARY" WHEN THE COURT CAN DETERMINE THAT
THE WAIVER WAS A PRODUCT OF THE SUSPECT'S FREE AND DELIBERATE CHOICE.

Question Presented (AI Summary)

Whether Lester Waters, Jr. could waive his rights 'knowingly and intelligently' while under the influence of alcohol

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondent United States to respond filed.
2022-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2022)
2022-03-03
Application (21A466) granted by Justice Kavanaugh extending the time to file until July 7, 2022.
2022-02-17
Application (21A466) to extend the time to file a petition for a writ of certiorari from May 8, 2022 to July 7, 2022, submitted to Justice Kavanaugh.

Attorneys

Lester Waters
Lester Waters Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent