No. 23-5770

Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2023-10-12
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process fifth-amendment ineffective-assistance involuntary-confession miranda-warning police-interrogation self-incrimination
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. When Detective Lopez told Petitioner that his statement could
be used in his favor, did Detective Lopez subverted the Miranda
warning, thus, rendered the statement in voluntary and violating
his Fifth Amendment right against self-incrimination?

2. Did the Third Circuit erred in deferring to the state court's
finding that Petitioner was not prejudiced by trial counsel's
failure to supply the courts with additional critical information
at the suppression hearing; which could of have changed the
outcome at suppression hearing such as fear of police,
neurological conditions (mental health) ?

Question Presented (AI Summary)

When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, rendered the statement in voluntary and violating his Fifth Amendment right against self-incrimination?

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)

Attorneys

Victor M. Barahona
Victor M. Barahona — Petitioner