police-interrogation

34 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5899 Michael Anthony Glover v. Georgia Georgia 2024-11-04 Denied Relisted (2)IFP constitutional-rights custody-determination due-process miranda-warnings police-interrogation self-incrimination 1. WHETHER THE COURT OF APPEALS OF GEORGIA ERRED IN NOT FINDING THAT THE OBJECTIVE CIRCUMSTANCES SHOWED THAT PETITIONER GLOVER WAS IN CUSTODY DURING H…
23-6839 Donte Johnson v. Nevada Nevada 2024-02-27 Denied IFP constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard Did the Nevada Supreme Court deprive petitioner of his Sixth Amendment right to effective counsel by analyzing counsel's ineffective performance as me…
23-5770 Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2023-10-12 Denied IFP criminal-procedure due-process fifth-amendment ineffective-assistance involuntary-confession miranda-warning police-interrogation self-incrimination 1. When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, render…
22-7741 Rudy Alvarez v. United States Ninth Circuit 2023-06-09 Denied Amici (1)IFP burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court 1. When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness…
22-7679 Frederic Gabriel v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-06-01 Denied Response WaivedIFP civil-rights constitutional-rights due-process fifth-amendment interrogation miranda miranda-rights police-interrogation right-to-silence self-incrimination 1. DID THE ACTIONS OF POLICE VIOLATE THE PETITIONER 'S FIFTH AMENDMENT RIGHT WHEN THE PETITIONER INVOKED HIS RIGHT TO SILENCE BY UNAMBIGUOUSLY STATI…
22-6649 Dee Walter Mitchell, Jr. v. Christian Pfeiffer, Warden Ninth Circuit 2023-01-27 Denied Response WaivedIFP coerced-confession coerced-testimony due-process fifth-amendment fourteenth-amendment juvenile-interrogation juvenile-rights miranda-rights police-interrogation 1. Where police interrogators induce an unwilling 15-year-old murder suspect to incriminate another by (1) omitting to advise him of his Miranda righ…
22-6083 Aaron Jay Pierce v. Utah Utah 2022-11-17 Denied Response WaivedIFP coercion constitutional-rights criminal-procedure due-process evidence-collection impeachment interrogation-tactics law-enforcement police-interrogation right-to-counsel self-incrimination m H'f CitdcpteAsfS 4%L*ft/VV[ c*~ were obfai^erf fmfx>lf*e. l.vfer/no^rh 'o^/ vioj^Hom erf1 Co/vstffiAfro^ ! ^4 tafesrh£~ 0/Sfr/crf~ £oti*rf~j rfn^ 5…
22-5935 Devon Miller v. Superintendent, Shawangunk Correctional Facility Second Circuit 2022-10-28 Denied IFP confession-admissibility custodial-interrogation fifth-amendment miranda-v-arizona miranda-warnings police-interrogation police-interrogation-tactics self-incrimination two-step-interrogation voluntariness The court first core constitutional holding in Miranda v. Arizona was to confirm that the Fith Amendment privilege serves to protect all persons in al…
22-5465 LaRoyce McFadden v. Illinois Illinois 2022-08-30 Denied Response WaivedIFP constitutional-protections due-process interrogation-rights involuntary-confession juvenile-justice juvenile-suspect police-interrogation police-procedure right-to-counsel self-incrimination Whether a murder conviction based on a 17-year-old boy's statements made to police after he was held incommunicado for over 24 hours, the police ignor…
22-5128 My Loan Nguyen v. Michael Pallares, Warden Ninth Circuit 2022-07-19 Denied Response WaivedIFP civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment fundamental-rights miranda-rights ninth-circuit police-interrogation police-questioning The sole question raised by this Petition for Certiorari is whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by rul…
21-7415 Matthew Rausenberg v. Don Langford, Warden Sixth Circuit 2022-03-18 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-rights custody-analysis custody-determination due-process habeas-corpus interrogation-circumstances miranda-warnings police-interrogation Whether reasonable jurists could debate the issue of custody for Miranda purposes, as various state and federal courts have, when an individual has be…
21-6996 Robert Stivers v. Illinois Illinois 2022-01-28 Denied Response WaivedIFP 14th-amendment 5th-amendment civil-rights coerced-confession confession-admissibility constitutional-rights criminal-procedure due-process interrogation-procedure police-interrogation right-to-silence Is a suspect's Constitutional Amendments V as well as XIV rights violated when a clear and unambiguous invocation to remain silent is ignored? Additio…
21-5791 Cesar Santana v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2021-09-28 Denied IFP due-process fifth-amendment involuntary-statements miranda-warnings police-assurances police-interrogation self-incrimination Whether the Fifth Amendment is violated, and a defendant's statements are involuntary, when police assure a suspect that his statements will not be us…
20-8174 Esad Lemo v. Pennsylvania Pennsylvania 2021-05-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process intellectual-disability language-access language-interpretation mental-capacity police-interrogation right-to-interpretation sixth-amendment Is the Constitution violated where a defendant who speaks only Bosnian and has an IQ of 57 receives no interpretation during the suppression hearing t…
20-1196 Benjamin McClellan v. Ohio Ohio 2021-03-01 Denied 5th-amendment confession-suppression constitutional-rights criminal-procedure due-process evidence-admissibility involuntary-confession motion-to-suppress police-interrogation standard-of-review Whether the denial of petitioner's Motion to Suppress his confession was proper.
20-7174 Antonio Lopez v. Texas Texas 2021-02-17 Denied Response WaivedIFP coerced-confession confession-voluntariness criminal-procedure due-process family-coercion family-member interrogation police-interrogation probable-cause truthful-statements 1. Whether a threat to arrest, or a promise not to arrest, a member of a suspect's family, depending only on his willingness to confess to a crime, re…
20-6512 Davey Lewis v. Florida Florida 2020-12-03 Denied IFP confession-suppression confessions constitutional-rights criminal-procedure due-process exclusionary-rule interrogation-tactics law-enforcement miranda-rights police-interrogation Can the State doubts allow the Voitee by use promises, inducements, threats and for taken obtaining a Confession and then also Suppress the Confession…
19-8925 Robert T. Lundberg v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-07-08 Denied Response WaivedIFP aedpa expectation-of-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel katz-expectation-of-privacy katz-v-united-states police-interrogation strickland-standard strickland-v-washington Should the decision in Lundberg v. State, 127 So.3d. 562 (Fla. 4" DCA 2012), be entitled to deference by the federal courts pursuant to the Anti-Terro…
19-8334 James Butler v. United States Sixth Circuit 2020-04-22 Denied Response WaivedIFP criminal-procedure custody due-process fifth-amendment miranda-rights miranda-warning police-interrogation totality-of-circumstances If the totality of the circumstances establish that a defendant is under police control and not free to leave until police questioning is finished, do…
19-7847 Lee D. Watts v. Tennessee Tennessee 2020-03-02 Denied Response WaivedIFP confession confession-suppression criminal-interrogation criminal-procedure ineffective-assistance police-interrogation police-questioning right-to-counsel sixth-amendment suppression voluntariness Question #1: Whether petitioner's Original trial counsel rendered ineffective assistance of counsel in violation of U.S. Const. Amn. 6 when counsel fa…
19-7094 Ernest Lawrence v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-12-30 Denied Response WaivedIFP 5th-amendment constitutional-review criminal-procedure custodial-interrogation due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights miranda-v-arizona police-interrogation prior-bad-acts prosecutorial-misconduct strickland-standard Mr. Lawrence seek leave to appeal the following issues: 1. Whether The Lower Court's Decisions Were Contrary To Miranda v. Arizona, 384 U.S. 436 (196…
19-6801 Marcos Palomar v. Raymond Madden, Warden Ninth Circuit 2019-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights police-advisement police-interrogation right-to-counsel sixth-amendment Whether a Miranda v. Arizona 384 U.S. 436 (1966), rights advisal is invalid if police indicate the right to appointed counsel prior to questioning is …
19-6493 Theresa Gail Scanlan v. Washington Washington 2019-11-05 Denied Response WaivedIFP accuser confrontation-clause criminal-procedure medical-evidence medical-personnel police-interrogation police-involvement prosecutorial-purpose prosecutorial-use sixth-amendment testimonial testimonial-statements When police officers repeatedly inform an accuser that his statements to medical personnel will be given to the police and prosecuting authorities for…
19-6456 Geoffrey Baggett v. M. Eliot Spearman, Warden Ninth Circuit 2019-10-31 Denied Response WaivedIFP civil-rights confession-suppression custodial-interrogation due-process miranda-rights police-interrogation police-tactics prejudicial-error prejudicial-evidence right-to-counsel self-incrimination PETITIONERS CONFESSION SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE BECAUSE PETITIONER WAS THE VICTIM. OF MISLEADING TACTICS LEADING UP TO BEING ADVISED OF…
19-5936 Cesar Rosario Lopez-Ramos v. Minnesota Minnesota 2019-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign …
18-9728 Sung Ho Park v. Tammy Foss, Warden Ninth Circuit 2019-06-19 Denied Response WaivedIFP confession due-process fair-trial ineffective-assistance interrogation involuntary-confession lesser-included-offense physical-incapacitation police-interrogation prosecutorial-misconduct right-to-counsel I. Whether Park, Who Was Physically Incapacitated When The Police Interrogated Him, Could Not Make A Voluntary Statement; Whether Trial Counsel Render…
18-1241 Demetrius Jackson v. Ohio Ohio 2019-03-25 Denied child-protective-services criminal-procedure fifth-amendment police-interrogation right-to-counsel self-incrimination sixth-amendment Where the victim of a crime is a child, a Child Protective Services ("CPS") case worker employed by the state normally investigates the incident in cl…
18-8213 Hector Santillan v. United States Second Circuit 2019-03-04 Denied Response WaivedIFP 4th-amendment fourth-amendment minority-communities police-interrogation police-investigation prolonged-detention reasonable-suspicion reid-v-georgia rodriguez-standard rodriguez-v-united-states traffic-stop Whether, per the Fourth Amendment and this Court's holdings in Rodriguez v. United States, 135 S.Ct. 1609, 1616 (2015) and Reid v. Georgia, 448 U.S. 4…
18-7537 Felix Ricardo Saldierna v. North Carolina North Carolina 2019-01-24 Denied Response WaivedIFP 5th-amendment due-process interrogation-rights juvenile-confession limited-english limited-english-proficiency parental-consent police-interrogation self-incrimination social-science voluntariness Whether the North Carolina Supreme Court erred in finding a juvenile confession to be voluntary where a 16-year-old juvenile with limited English skil…
18-7429 Adam Lee Lopez v. Warren L. Montgomery, Warden Ninth Circuit 2019-01-15 Denied IFP 5th-amendment 6th-amendment coercion constitutional-rights custodial-interrogation due-process law-enforcement-interrogation miranda-rights police-interrogation self-incrimination suspect-waiver Whether officers may, when a suspect mentions a desire to wait for an attorney, follow up a reading of the Miranda warnings with soft persuasion and e…
18-698 Clement Reynolds v. Maryland Maryland 2018-11-28 Denied Response Waived 5th-amendment constitutional-rights due-process fifth-amendment impeachment miranda miranda-rights police-interrogation police-misconduct self-incrimination I. Was Petitioner denied Due Process of Law under the Fourteenth Amendment and the protections against self-incrimination under the Fifth Amendment an…
18-6203 Larry Hayes v. Marvin Plumley, Warden Fourth Circuit 2018-10-03 Denied IFP 5th-amendment confession-evidence criminal-procedure custodial-interrogation due-process false-confession miranda-rights miranda-waiver miranda-warning police-conduct police-interrogation voluntariness First, what constitutes a promise of leniency that destroys the voluntariness of a subsequent confession? Second, given what we now know about the pre…
18-5436 Ralph Deon Taylor v. United States Ninth Circuit 2018-08-02 Denied Response WaivedIFP 2nd-circuit 3rd-circuit 9th-circuit criminal-procedure custodial-interrogation due-process evidence-confrontation fifth-amendment incriminating-response interrogation miranda-rights miranda-warning police-interrogation police-questioning self-incrimination Does confronting a suspect with the mounting evidence against him fall outside the definition of interrogation because it is unlikely to elicit an inc…
18-5211 Taylor B. v. California California 2018-07-11 Denied Response WaivedIFP 14th-amendment 5th-amendment custodial-interrogation due-process false-evidence fifth-amendment fourteenth-amendment juvenile-justice miranda-rights police-interrogation 1) When the subject of a police custodial interrogation is a child, should investigating officers be required to obtain an express waiver of Miranda b…