No. 24-6929

Michael James Carson v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-04-04
Status: Denied
Type: IFP
IFP
Tags: custodial-interrogation due-process fourteenth-amendment fourth-amendment illegal-seizure probable-cause
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2025-06-05
Question Presented (from Petition)

1. ) Did the lower courts erroneously failed to acknowledge and apply the
correct laws and facts surrounding Petitioners circumstances during
his custodial interrogation pursuant to Thompson v Keohane of this
courts ruling ?

2. ) Did the police violate Petitioners Fourth and Fourteenth Amend, right
of illegal search and seizure by illegally detaining Petitioner for
interrogation without probable cause.under Dunawayv New York ?

3. ) Did Petitioners Fourth and Fourteenth Amend, right of illegal seizure
intrude and contribute to Petitioners Fifth and Fourteenth Amend, right
to self incrimination and his illegal arrest pursuant to Dunaway v New
York of this courts ruling ?

4. ) Was Petitioners Fourteenth Amend, right to Due Process violated when the
trial court erroneously failed to comply with Tex.Code.Crim.Proc.Art.38.22
§ 6 and make its independent findings whether the statement on page 149,
lines 5-12 were made under volutary conditions with the law and facts
stating its conclusions pursuant to Morales v Lumokin and Miller v State?

Question Presented (AI Summary)

Did the lower courts erroneously fail to acknowledge and apply the correct laws and facts surrounding Petitioner's custodial interrogation, and did police violate Petitioner's Fourth and Fourteenth Amendment rights through illegal search, seizure, and detention without probable cause?

Docket Entries

2025-08-18
Rehearing DENIED.
2025-07-24
DISTRIBUTED.
2025-06-27
Petition for Rehearing filed.
2025-06-06
Petition DENIED.
2025-05-21
DISTRIBUTED for Conference of 6/5/2025.
2025-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2025)

Attorneys

Michael J. Carson
Michael James Carson — Petitioner