No. 22-7679

Frederic Gabriel v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-06-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process fifth-amendment interrogation miranda miranda-rights police-interrogation right-to-silence self-incrimination
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. DID THE ACTIONS OF POLICE VIOLATE THE PETITIONER 'S FIFTH
AMENDMENT RIGHT WHEN THE PETITIONER INVOKED HIS RIGHT TO
SILENCE BY UNAMBIGUOUSLY STATING: "NO, I DON 'T WANT TO TALK TO
YOU ' TO DETECTIVES WHO ACKNOWLEDGED THIS STATEMENT BUT
REFUSED TO SCRUPULOUSLY HONOR THE PETITIONER 'S STATEMENT BY
NOT CEASING THE INTERROGATION AND SUBSEQUENTLY USED THE
STATEMENT AGAINST THE PETITIONER AT TRIAL?

2. DOES LAW ENFORCEMENT VIOLATE A SUSPECT 'S FIFTH AMENDMENT
RIGHT WHEN THEY OBTAIN AN INCRIMINATING STATEMENT IN DIRECT
VIOLATION OF MIRANDA, FROM A DEFENDANT WHO HAS VERY LIMITED
ENGLISH, SO LONG AS THEY ALSO GET THE SUSPECT TO RESTATE
PORTIONS OF A PREVIOUS NON-INCRIMINATING STATEMENT THEREBY
RENDERING THE SUBSEQUENT STATEMENT CUMULATIVE?

Question Presented (AI Summary)

Did the police violate the petitioner's Fifth Amendment right by continuing to interrogate him after he unambiguously invoked his right to silence?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-13
Waiver of right of respondent Ricky D. Dixon to respond filed.
2023-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2023)

Attorneys

Frederic Gabriel
Frederic Gabriel — Petitioner
Ricky D. Dixon
Celia A. Terenzio — Respondent