No. 22-525

Adrean L. Smith v. Gary A. Boughton, Warden

Lower Court: Seventh Circuit
Docketed: 2022-12-06
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-guarantee fair-presentment fifth-amendment habeas habeas-corpus lower-courts miranda-rights seventh-circuit state-court-review
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Whether a habeas petitioner "fairly presents"
the "substance" of his federal claim in state court by
identifying the relevant facts and the relevant
constitutional guarantee, regardless of whether his
state-court briefs cited the exact same precedents that
he invoked in federal court.

2. Whether Connecticut v. Barrett, 479 U.S. 523
(1987), which held that invocations of Miranda rights
must be construed broadly, requires police to stop
questioning a suspect who invokes his Fifth
Amendment rights by repeatedly stating, "I don't want
to talk" and "I don't want to talk about this," even if
the invocation is arguably ambiguous in scope.

Question Presented (AI Summary)

Whether a habeas petitioner fairly presents his federal claim in state court

Docket Entries

2023-02-21
Petition DENIED.
2023-01-18
DISTRIBUTED for Conference of 2/17/2023.
2023-01-03
Waiver of right of respondent Gary A. Boughton, Warden to respond filed.
2022-12-02
Petition for a writ of certiorari filed. (Response due January 5, 2023)
2022-10-20
Application (22A333) granted by Justice Barrett extending the time to file until December 2, 2022.
2022-10-18
Application (22A333) to extend the time to file a petition for a writ of certiorari from November 2, 2022 to December 2, 2022, submitted to Justice Barrett.

Attorneys

Adrean L. Smith
Kelly Colleen HoltJones Day, Petitioner
Gary A. Boughton, Warden
Jacob J. Wittwer — Respondent