No. 20-6675

Augustine L. Cavitte v. Nebraska

Lower Court: Nebraska
Docketed: 2020-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness
Key Terms:
AdministrativeLaw FifthAmendment DueProcess CriminalProcedure
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards?

Question Presented (OCR Extract)

Questions Presented 1) Did the lower courts err in finding Ms. Cavitte’s statements admissible contrary to present Miranda standards? a. Did the Nebraska Court of Appeals err in creating an arbitrary exception to the Miranda requirement for “questions regarding a suspect’s apparent injuries?” b. Did the Nebraska Court of Appeals fail to properly address the voluntariness of Ms. Cavitte’s statements due to violations committed by law enforcement under Seibert. 2) Did the prosecutor commit prosecutorial misconduct when he commented on Ms. Cavitte’s failure to divulge her claim of self-defense to the prosecution or law enforcement prior to the trial? i.

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Waiver of right of respondent Nebraska to respond filed.
2020-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2021)

Attorneys

Augustine Cavitte
Thomas C. RileyDouglas Co. Public Defender's Office, Petitioner
Thomas C. RileyDouglas Co. Public Defender's Office, Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent
James A. CampbellNebraska Attorney General's Office, Respondent