No. 18-269

Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General

Lower Court: Ninth Circuit
Docketed: 2018-09-04
Status: Denied
Type: Paid
Tags: attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Sixth Amendment right to counsel violated by interception of prison emails with counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Resolving a conflict within federal courts, are the Sixth Amendment rights of federal inmates and detainees to the assistance of counsel violated when their prison emails with counsel, especially those labeled as “confidential attorney-client privileged communication,” are nevertheless intercepted and allowed to be read as a matter of presently established Bureau of Prisons and Justice Department policy by their employees, including prosecutors? 2. Are federal inmates and detainees required to exhaust Congressional Prison Litigation Reform Act administrative procedures before being allowed to object in court to violations of their Sixth Amendment rights to the assistance of counsel when their prison emails with counsel, especially those labeled as “confidential attorney-client privileged communication,” are nevertheless intercepted and allowed to be read as a matter of presently established Bureau of Prisons and Justice Department policy by their employees, including prosecutors? 8. Are the attorney work product privileges and ownership rights of criminal defense attorneys violated when their prison emails with inmate and detainee clients, especially those labeled as “confidential attorney-client privileged communication,” are admittedly allowed to be read as a matter of Bureau of Prisons and Justice Department policy by their employees, including prosecutors? 1

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-07-30
Petition for a writ of certiorari filed. (Response due October 4, 2018)
2018-05-31
Application (17A1319) granted by Justice Kennedy extending the time to file until July 30, 2018.
2018-05-21
Application (17A1319) to extend the time to file a petition for a writ of certiorari from May 31, 2018 to July 30, 2018, submitted to Justice Kennedy.

Attorneys

Alan Mapuatuli, et al.
Gary Victor DubinDubin Law Offices, Petitioner
Gary Victor DubinDubin Law Offices, Petitioner
Matthew G. Whitaker, Acting Attorney General
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent