No. 18-6836

Carlos Dagoberto Rivas v. Sherman Spearman, Warden

Lower Court: Ninth Circuit
Docketed: 2018-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process fifth-amendment interrogation interrogation-waiver miranda miranda-rights self-incrimination waiver
Key Terms:
CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Does the State meet its burdens of showing that it clearly informed a criminal defendant of his Miranda rights and that a defendant validly waived them?

Question Presented (OCR Extract)

Question Presented Does the State meet its burdens of showing that it clearly informed a criminal defendant of his Miranda rights and that a defendant validly waived them when the interrogating officer never uses the words “remain silent,” never gets an affirmation that defendant understood that anything he said could be used against him in court, and the transcript of the interrogation is replete with non sequiturs, silence, and express declarations by defendant that he did not understand the advisements?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-11
Waiver of right of respondent Sherman Spearman to respond filed.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2018-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2018)

Attorneys

Carlos Dagoberto Rivas
Mark R. DrozdowskiOffice of the Federal Public Defender, Petitioner
Mark R. DrozdowskiOffice of the Federal Public Defender, Petitioner
Sherman Spearman
Meredith S. WhiteCalifornia Office of the Attorney General, Respondent
Meredith S. WhiteCalifornia Office of the Attorney General, Respondent