No. 24-6774

Alberto Rivera v. Tim Thomas, Warden

Lower Court: Seventh Circuit
Docketed: 2025-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: counsel-of-choice critical-stage law-enforcement right-to-counsel sixth-amendment substitute-counsel
Latest Conference: 2025-04-25
Question Presented (from Petition)

Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a "critical stage" without a countervailing interest, and not run afoul of the Sixth Amendment's right to counsel of choice as long as they provide substitute counsel?

Is it time for this Court to revisit the issue regarding substitute counsel that has left open in Wade where law enforcement officials have used this point to circumvent a defendant's right to the presence of their retained counsel at "critical stages"?

Is it time to modify the precedent regarding offense-specificity where there are factually related charged and uncharged offenses that are so inextricably intwined that the Sixth Amendment right to counsel must prevail?

Question Presented (AI Summary)

Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a 'critical stage' without a countervailing interest, and not run afoul of the Sixth Amendment's right to counsel of choice as long as they provide substitute counsel?

Docket Entries

2025-04-28
Petition DENIED.
2025-04-10
DISTRIBUTED for Conference of 4/25/2025.
2025-04-09
Waiver of right of respondent Warden Thomas to respond filed.
2025-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2025)

Attorneys

Alberto E. Rivera
Albert E. Rivera — Petitioner
Warden Thomas
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent