right-to-silence

20 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6491 Billy J. Wilkins v. United States Sixth Circuit 2026-01-06 Pending Response WaivedIFP criminal-procedure judicial-fact-finding right-to-jury right-to-silence second-amendment sixth-circuit I. Is the Sixth Circuit Court of Appeals ruling in United States v. Williams, 113 F.4th 637 (6th Cir. 2024) unconstitutional because it allows a judge…
25A651 Alabama v. Michael Anthony Powell Alabama 2025-12-03 Application closing-arguments constitutional-violation fifth-amendment harmless-error prosecutorial-comments right-to-silence Question not identified.
25-5953 Christopher Matthew Henderson v. Alabama Alabama 2025-10-24 Pending IFP adverse-inference capital-murder criminal-sentencing fifth-amendment prosecutorial-conduct right-to-silence In the sentencing phase of a capital trial, where the defendant exercises his right to remain silent and to plead not guilty, does the Fifth Amendment…
25-5618 Jamil Jones v. United States Ninth Circuit 2025-09-11 Denied Response WaivedIFP criminal-procedure fifth-amendment mitchell-precedent right-to-silence self-incrimination sentencing Whether the failure to apologize or express remorse violates the Fifth Amendment right to remain silent at sentencing, a question left open by Mitchel…
23-1100 Albert Jones v. California California 2024-04-10 Denied Response Waived 5th-amendment civil-rights criminal-procedure defendant-rights doyle-v-ohio due-process miranda-warning post-miranda right-to-silence selective-invocation Do the protections of Doyle v. Ohio, 426 U.S. 610 (1976)—which prohibit a prosecutor on commenting on a defendant's post-Miranda warning invocation of…
23-5996 Lyndon Fitzgerald Pace v. Shawn Emmons, Warden Eleventh Circuit 2023-11-13 Denied Relisted (9)IFP aedpa capital-sentencing constitutional-error death-penalty due-process ineffective-assistance jury-argument jury-instructions prosecutorial-misconduct right-to-silence Lyndon Pace was convicted of four counts of malice murder in an Atlanta, Georgia trial. Thereafter, the prosecutor asked jurors to sentence him to dea…
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…
22-7642 Julio Angel Torrez, Jr. v. California California 2023-05-25 Denied Relisted (3)IFP doyle-v-ohio due-process estelle-v-mcguire evidence-admission fair-trial fifth-amendment fourteenth-amendment jury-trial people-v-medina right-to-silence sixth-amendment Question not identified.
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…
21-5963 Norris Williams v. United States Eleventh Circuit 2021-10-13 Denied Response WaivedIFP 5th-amendment constitutional-rights criminal-investigation criminal-procedure due-process evidence fifth-amendment habeas-corpus investigation right-to-silence self-incrimination 1. When a defendant in an investigation says "No" is it a 5th amendment violation. When does the investigation stop? 2. When new evidence is made ava…
21-5635 Jamail D. Hairston v. Massachusetts Massachusetts 2021-09-09 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error miranda-rights miscarriage-of-justice police-testimony right-to-remain-silent right-to-silence sufficiency-of-evidence DID THE APPEALS COURT ERR IN HOLDING THAT NO SUBSTANTIAL RISK OF A MISCARRIAGE OF JUSTICE RESULTED FROM OFFICER PAGAN'S ERRONEOUS TESTIMONY ABOUT HAIR…
21-41 James Allen Jackson v. Texas Texas 2021-07-13 Denied Response Waived closing-argument constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-due-process racist-testimony right-to-silence trial-counsel wiccan-testimony I. Was petitioner denied the effective assistance of counsel when defense counsel failed to object to irrelevant, inflammatory testimony that petition…
20-6215 Abrahan Garcia-Morales, aka Abraham Garcia-Morales v. United States Ninth Circuit 2020-11-04 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation due-process evidence-law fifth-amendment right-to-silence self-incrimination When a defendant declines to answer some—but not all—of the questions posed to him during a custodial interrogation, does the prosecutor's use of this…
19-7904 Jason Bonds v. United States Second Circuit 2020-03-09 Denied IFP criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola…
19-7886 Dennis Mahon v. United States Ninth Circuit 2020-03-05 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constitutional-review custodial-interrogation district-court effective-assistance-of-counsel functional-equivalent-of-interrogation judicial-disagreement legal-standard magistrate-judge miranda-v-arizona right-to-silence substantial-showing The question presented, then, is whether the lower courts err in failing to find that a defendant made a substantial showing that jurists of reason co…
19-7759 Lyarron T. Emers v. Illinois Illinois 2020-02-24 Denied Response WaivedIFP 5th-amendment aggravating-factor constitutional-rights due-process fifth-amendment pre-sentence-investigation right-to-remain-silent right-to-silence sentencing sentencing-discretion Is People v. Emers IL App (4th) 170254-0 parallel to People v. Maggio IL App (4th) 150287? How is it not unconstitutional, if comments are made on a …
18-8120 Jerry Lynn Lofton v. Mississippi Mississippi 2019-02-25 Denied Response WaivedIFP criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his …
18-7944 Jerkeno Wallace v. United States Second Circuit 2019-02-13 Denied Response WaivedIFP confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error WHEN COURT CONSIDERED OBSERVATIONS OF THE NON-TESTIFYING DEFENDANT AS BASIS OF PROVING NO REMORSE
18-7840 Tommie H. Telfair v. United States Third Circuit 2019-02-07 Denied Response WaivedIFP dismissal-without-merits due-process miranda-v-arizona right-to-remain-silent wiggins-v-smith certificate-of-appealability due-process fundamental-rights judicial-discretion merits-review miranda-rights miranda-v-arizona right-to-remain-silent right-to-silence wiggins-v-smith WHETHER THE LOWER COURTS ABUSED IT'S DISCRETION IN DENYING PETITIONER A CERTIFICATE OF APPEALABILITY (COA) WHERE JURIST OF REASON COULD DISAGREE WITH …
18-839 Pablo Colon v. Illinois Illinois 2019-01-03 Denied Response Waived constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda miranda-rights police-procedure right-to-silence self-incrimination Whether the Fifth Amendment's Miranda guarantee requires police to inform a custodial suspect of his right to stop questioning at any time?