No. 19-8099

Brandon Perry Smith v. Utah

Lower Court: Utah
Docketed: 2020-03-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fifth-amendment heightened-clarity miranda-rights sixth-amendment state-courts suspect-comprehension waiver-standard
Key Terms:
ERISA CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Have the Utah courts adopted a rule of law which, in applying the 'heightened clarity' standard as expanded by Berghuis v. Thompkins, dispensed with any consideration of the issue whether the State has established that the suspect possessed the requisite level of comprehension to knowingly and intelligently waive his Miranda rights?

Question Presented (OCR Extract)

QUESTION PRESENTED Have the Utah courts adopted a rule of law which, in applying the “heightened clarity” standard as expanded by Berghuis v. Thompkins, 560 U.S. 370 (2010), dispensed with any consideration of the issue whether the State has established that the suspect possessed the requisite level of comprehension to knowingly and intelligently waive his Miranda rights? ii

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-09
Waiver of right of respondent State of Utah to respond filed.
2020-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2020)

Attorneys

Brandon Smith
Mary C. CorporonChristensen & Jensen, P.C., Petitioner
Mary C. CorporonChristensen & Jensen, P.C., Petitioner
State of Utah
Karen A. KlucznikUtah Attorney General's Office, Respondent
Karen A. KlucznikUtah Attorney General's Office, Respondent