No. 22-6900

Tony Deng v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2023-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone-search coercion confession-voluntariness deception-tactics due-process habeas-corpus law-enforcement-interrogation reasonable-expectation-of-privacy right-to-counsel will-overborne-standard
Latest Conference: 2023-04-14
Question Presented (from Petition)

1. Whether the "will overborne" standard or analysis, which requires the finding of Violence, or threats of Violence, dumbfounding a person's will, should be used to evaluate the Voluntariness of A Confession obtained by means of trickery and deception, tactics which do not involve the use of coercion or threats to overturn a person's will.

2. What exactly must the federal habeas court do when required the required "independent review" on Issues of Voluntariness of a Confession under the Constitution of Mccreary, Fenton, and U.S.C.A(d) (§§).

3. Whether intercepting and recording a persons Cellphone Conversation by a stick feoffor the purpose of discovering Wimirafrng evidence Constitute a body Search and secure of the Cellphone User.

4. Whether a person making a Cellphone Call has a reasonable expectation of privacy and whether his or her expectation of privacy during the Call can be Vicariously Waived or denied by the Consent of A single Oflent who is A party to the Call.

5. Should the test for determining when the Counsel right derives be centered more on When the aid of Counsel is most needed rather than Solely based on the Custody and indictment fections.

6. Whether the COh standard used by the 9th Circuit Court of appeals in this Case, departed from the Orders established by this Court in Miller-El V Cockrell 537 U.S. 322(2003).

Question Presented (AI Summary)

Whether the 'will overborne' standard or analysis should be used to evaluate the voluntariness of a confession obtained by trickery and deception

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-13
Waiver of right of respondent David Shinn, et al. to respond filed.
2023-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2023)
2022-11-29
Application (22A469) granted by Justice Kagan extending the time to file until March 26, 2023.
2022-11-18
Application (22A469) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to March 26, 2023, submitted to Justice Kagan.

Attorneys

David Shinn, et al.
Brian CoffmanArizona Attorney General's Office, Respondent
Tony Deng
Tony Deng — Petitioner