No. 19-7662

Juan Orellana v. Raymond Madden, Warden

Lower Court: Ninth Circuit
Docketed: 2020-02-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 5th-amendment-violation admissibility-of-statement criminal-procedure criminal-trial custodial-interrogation due-process evidence-admission fifth-amendment obstruction right-to-counsel unambiguous-request
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether Orellana's Fifth Amendment right to counsel was violated

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Orellana’s Fifth Amendment right to counsel was violated when, in the course of custodial interrogation, the detective obstructed Orellana’s unambiguous attempts to request counsel and his ensuing custodial statement was admitted against him at his criminal trial? i PARTIES AND LIST OF PRIOR PROCEEDINGS The parties to this proceeding are Petitioner Juan Orellana and Respondent Raymond Madden, Warden of California Correctional Institution in Tehachapi, California. The California Attorney General Represents Respondent. Orellana was convicted in Los Angeles County Superior Court in People v. Orellana, case no. BA403082, Judge Lisa B. Lench, presiding, in 2014. The reporter’s transcript of trial can be found at district court docket no. 10, lodgment 7. The California Court of Appeal affirmed the judgment on appeal in People v. Orellana, No. B255892, on April 30, 2015 in an unpublished opinion. Petitioner’s

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Waiver of right of respondent Raymond Madden, Warden to respond filed.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Juan Orellana
Tracy CasadioOffice of the Federal Public Defender, Petitioner
Tracy CasadioOffice of the Federal Public Defender, Petitioner
Raymond Madden, Warden
David W. WilliamsCalifornia Department of Justice, Respondent
David W. WilliamsCalifornia Department of Justice, Respondent