No. 19-6137

William Trampas Widmyer v. David Ballard, Warden

Lower Court: Fourth Circuit
Docketed: 2019-10-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process fourth-circuit-court ineffective-assistance-of-counsel miranda-rights police-interview right-to-counsel self-incrimination
Key Terms:
CriminalProcedure HabeasCorpus
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested Counsel before the police interview was conducted without counsel present and after the Miranda Rights were read to Petitioner?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested | Counsel before the police interview was conducted without counsel present and after the Miranda Rights were read to Petitioner? 2. Were the Petitioner's Constitutional Amendment Rights violated when Petitioner wanted to “wait and talk to a lawyer” before interviewing with any police but the Northern District Court of West Virginia stated that “‘wait...talk to a lawyer” was not a clear indication of his desire to obtain the assistance of counsel” and the Fourth Circuit Court‘of Appeals upheld the decision? What statement constitutes the request for an attorney? 3. Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's trial counsel told the jury he was guilty of murder without the Petitioner's consent and against the Petitioner's approval, in fact frustrated the Petitioner. :

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-03
Waiver of right of respondent Ballard, Warden to respond filed.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2019)
2019-07-12
Application (19A46) granted by The Chief Justice extending the time to file until September 13, 2019.
2019-06-28
Application (19A46) to extend the time to file a petition for a writ of certiorari from July 15, 2019 to September 13, 2019, submitted to The Chief Justice.

Attorneys

Ballard, Warden
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
William Widmyer
William Widmyer — Petitioner
William Widmyer — Petitioner