No. 18-1313

Michael Moran v. California

Lower Court: Ninth Circuit
Docketed: 2019-04-16
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 5th-amendment constitutional-rights cumulative-effect cumulative-error due-process fair-trial in-custody-statements miranda miranda-rights prosecutorial-misconduct right-to-a-fair-trial right-to-counsel right-to-present-a-defense
Key Terms:
DueProcess CriminalProcedure HabeasCorpus
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that admission of petitioner's in-custody statements in the absence of Miranda advisements did not deprive petitioner of due process of law under the Fifth and Fourteenth Amendments?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that admission of petitioner's in-custody statements in the absence of Miranda advisements did not deprive petitioner of due process of law under the Fifth and Fourteenth Amendments? Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that the trial court's exclusion of evidence did not violate petitioner's right to present a defense under the Fifth, Sixth and Fourteenth Amendments? Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that prosecutorial misconduct in voir dire and closing argument did not violate petitioner's right to a fair trial and right to counsel under the Fifth, Sixth and Fourteenth Amendments? Could a jurist of reason find that even if none of these errors were prejudicial in themselves, the cumulative effect of these error deprived petitioner of a fair trial under the Fourteenth Amendment? i LIST OF ALL PARTIES Petitioner MICHAEL MORAN. Respondent PEOPLE OF THE STATE OF CALIFORNIA. ii

Docket Entries

2019-05-20
Petition DENIED.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-18
Waiver of right of respondent People of the State of California to respond filed.
2019-04-08
Petition for a writ of certiorari filed. (Response due May 16, 2019)

Attorneys

Michael Moran
Paul Gilruth McCarthyLaw Offices of Beles & Beles, Petitioner
People of the State of California
Jill M. ThayerCalifornia Attorney General's Office, Respondent