No. 24-5717
David Devaney, Jr. v. United States
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination
Key Terms:
FifthAmendment CriminalProcedure
FifthAmendment CriminalProcedure
Latest Conference:
2025-02-21
(distributed 2 times)
Question Presented (from Petition)
Whether the statement of "I have to get a lawyer, I have to shut the interview down" constitutes an unambiguous request for counsel, and can a defendant's responses to questions after that statement be used to transform the request, which was originally unequivocal, to a n equivocal request for counsel ?
Question Presented (AI Summary)
Whether the statement 'I have to get a lawyer, I have to shut the interview down' constitutes an unambiguous request for counsel, and can a defendant's responses to questions after that statement be used to transform the request, which was originally unequivocal, to an equivocal request for counsel?
Docket Entries
2025-02-24
Petition DENIED.
2025-01-23
DISTRIBUTED for Conference of 2/21/2025.
2025-01-08
Brief of United States in opposition submitted.
2025-01-08
Brief of respondent United States in opposition filed.
2024-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2025.
2024-11-26
Motion to extend the time to file a response from December 5, 2024 to January 6, 2025, submitted to The Clerk.
2024-11-05
Response Requested. (Due December 5, 2024)
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-17
Waiver of right of respondent United States to respond filed.
2024-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2024)
Attorneys
David Devaney Jr.
Matthew Joseph Smid — The Law Office of Matthew J . Smid PLLC, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent