No. 19-5818

Joshua Wayne Riley v. United States

Lower Court: Fourth Circuit
Docketed: 2019-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights confession-reliability corroboration-requirement criminal-procedure due-process exclusionary-rule fifth-amendment miranda-rights parole-revocation supervised-release
Key Terms:
FifthAmendment DueProcess CriminalProcedure HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the Fifth Amendment requires the district court to apply the exclusionary rule in a supervised release revocation hearing

Question Presented (OCR Extract)

QUESTIONS PRESENTED Hearings to revoke federal supervised release allow defendants to be sentenced to a new prison term based on findings of fact by only a preponderance of the evidence, and through procedures lacking many of the protections that accompany a criminal trial. Historically, supervised release revocation hearings were considered identical to parole revocation hearings. In recent years, however, significant judicial decisions and rule amendments have recognized that defendants who risk this loss of liberty nevertheless retain important constitutional protections. This case presents two questions. First, whether the Fifth Amendment requires the district court in the appropriate case to apply the exclusionary rule in a supervised release revocation hearing to protect against forced confessions or custodial statements elicited without the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966). Second, whether an uncorroborated confession can, by itself, prove a violation of supervised release, given that the same concerns regarding the unreliability of confessions apply to criminal prosecutions and revocation hearings. ii LIST OF ALL DIRECTLY

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-17
Waiver of right of respondent United States to respond filed.
2019-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)
2019-06-13
Application (18A1297) granted by The Chief Justice extending the time to file until August 31, 2019.
2019-06-11
Application (18A1297) to extend the time to file a petition for a writ of certiorari from July 2, 2019 to August 31, 2019, submitted to The Chief Justice.

Attorneys

Joshua Riley
Lisa M. LorishFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent