No. 18-1410

James A. Jackson v. Thomas Lawson

Lower Court: Sixth Circuit
Docketed: 2019-05-09
Status: Denied
Type: Paid
Tags: constitutional-rights due-process fifth-amendment fourteenth-amendment fourth-amendment miranda-rights miranda-v-arizona self-incrimination sixth-circuit united-states-v-hale unlawful-detention
Key Terms:
SocialSecurity DueProcess FifthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Sixth Circuit may condition enforcement of a citizen's right against unlawful detention guaranteed by U.S. Const. amend. IV and U.S. Const. amend. XIV, § 1, upon waiver of the right against self-incrimination guaranteed by U.S. Const. amend. V

Question Presented (OCR Extract)

QUESTION PRESENTED No other U.S. Courts of Appeals require protestations of innocence as a precondition to enforcement of one’s right against unlawful detention. The Sixth Circuit stands alone and apart from its sister circuits. The mandatory or required or forced waiver of one Constitutional right to remain silent in order to preserve another Constitutional right against unlawful detention is a question of exceptional importance because it violates rights clearly established by Miranda v. Arizona, 384 U.S. 436 (1966), United States v. Hale, 422 U.S. 171 (1975), and a seminal decision of the Sixth Circuit itself extending Hale, Minor v. Black, 527 F.2d 1 (6th Cir. 1975). The question presented is as follows: Whether the United States Court of Appeals for the Sixth Circuit may condition enforcement of a citizen’s right against unlawful detention guaranteed by U.S. Const. amend. IV and U.S. Const. amend. XIV, § 1, upon waiver of the right against self-incrimination guaranteed by U.S. Const. amend. V.

Docket Entries

2019-10-07
Petition DENIED.
2019-06-26
DISTRIBUTED for Conference of 10/1/2019.
2019-06-06
Brief of respondent Thomas Lawson in opposition filed.
2019-05-06
Petition for a writ of certiorari filed. (Response due June 10, 2019)

Attorneys

James A. Jackson
Jeffrey Allan SextonPirata PSC, Petitioner
Thomas Lawson
David Andrew SextonJefferson County Attorney's Office, Respondent