No. 20-6215

Abrahan Garcia-Morales, aka Abraham Garcia-Morales v. United States

Lower Court: Ninth Circuit
Docketed: 2020-11-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-rights criminal-procedure custodial-interrogation due-process evidence-law fifth-amendment right-to-silence self-incrimination
Key Terms:
FifthAmendment DueProcess CriminalProcedure
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the prosecutor's use of a defendant's 'partial silence' during a custodial interrogation violates the Fifth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED When a defendant declines to answer some—but not all—of the questions posed to him during a custodial interrogation, does the prosecutor’s use of this “partial silence” at trial violate the Fifth Amendment? prefix

Docket Entries

2020-12-07
Petition DENIED.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-11-10
Waiver of right of respondent United States to respond filed.
2020-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2020)

Attorneys

Abrahan Garcia-Morales
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent