No. 19-8334

James Butler v. United States

Lower Court: Sixth Circuit
Docketed: 2020-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure custody due-process fifth-amendment miranda-rights miranda-warning police-interrogation totality-of-circumstances
Key Terms:
CriminalProcedure
Latest Conference: 2020-05-21
Question Presented (AI Summary)

If a statement by the presiding officer that the defendant is not 'under arrest' precludes a finding of custody despite the totality of the circumstances indicating the defendant was not free to leave during police questioning

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. If the totality of the circumstances establish that a defendant is under police control and not free to leave until police questioning is finished, does the fact that the officer in control informs the defendant that he is not “under arrest” rule out any finding that the defendant was in custody at the time of the questioning? i

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-04-24
Waiver of right of respondent United States to respond filed.
2020-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2020)

Attorneys

James Butler
David Lawrence Doughten — Petitioner
David Lawrence Doughten — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent