No. 18-5436

Ralph Deon Taylor v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 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
Key Terms:
CriminalProcedure
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Does confronting a suspect with the mounting evidence against him constitute interrogation under Miranda?

Question Presented (OCR Extract)

QUESTION PRESENTED Rhode Island v. Innis defined interrogation, for the purposes of Miranda, to include “not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.” Rhode Island v. Innis, 446 U.S. 291, 301 (1980) (emphasis added). Does confronting a suspect with the mounting evidence against him fall outside the definition of interrogation because it is unlikely to elicit an incriminating response, as the Ninth Circuit, as well as the First, Fourth, and Eighth Circuits have held, or does such conduct serve no legitimate administrative purposes “attendant to arrest and custody” and irresistibly call for a response, and thus constitute interrogation, as the Second and Third Circuits, and a number of state courts, have held? i To Eee ee Le ae:

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-08
Waiver of right of respondent United States to respond filed.
2018-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2018)

Attorneys

Ralph Deon Taylor
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent