No. 22-7741

Rudy Alvarez v. United States

Lower Court: Ninth Circuit
Docketed: 2023-06-09
Status: Denied
Type: IFP
Amici (1)IFP Experienced Counsel
Tags: burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness or the officer's subjective intent in delaying it?

2. If courts consider the officer's subjective intent, which party bears the burden to show that the officer did or did not act deliberately?

Question Presented (AI Summary)

When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness or the officer's subjective intent in delaying it?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-24
DISTRIBUTED for Conference of 9/26/2023.
2023-08-21
2023-08-09
Brief of respondent United States in opposition filed.
2023-07-10
2023-07-06
Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2023.
2023-07-05
Motion to extend the time to file a response from July 10, 2023 to August 9, 2023, submitted to The Clerk.
2023-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2023)

Attorneys

Criminal Law and Procedure Professors
James Connolly DuganWillkie Farr & Gallagher, LLP, Amicus
Rudy Alvarez
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent