No. 20-8363
Response RequestedRelisted (2)IFP
Tags: criminal-procedure due-process evidence evidence-admission fifth-amendment miranda-rights prosecutorial-argument self-incrimination
Key Terms:
FifthAmendment DueProcess CriminalProcedure Jurisdiction JusticiabilityDoctri
FifthAmendment DueProcess CriminalProcedure Jurisdiction JusticiabilityDoctri
Latest Conference:
2021-11-19
(distributed 2 times)
Question Presented (AI Summary)
Whether a suspect's silence after arrest but before Miranda warnings can be admitted and commented upon to prove guilt
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW | 1. In a criminal prosecution, can a suspect’s silence after he is arrested, but | before he is questioned or read his rights under Miranda v. Arizona, 384 US. | 436, 86 S.Ct. 1602, 16 L.Hd.2d (1966) be admitted during the prosecution case-in| chief and commented upon during closing argument to prove his guilt? | 2. Can an arrested suspect’s sua sponte invocation of his Fifth Amendment | I right against self-incrimination, and subsequent silence, be admitted to prove his | guilt when the defendant has not been read his Miranda rights? | | | ; | | | . | i | | | | | . F |
Docket Entries
2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-10-28
Reply of petitioner Outhdorm Ros filed.
2021-10-15
Brief of respondent California in opposition filed.
2021-09-03
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2021.
2021-09-02
Motion to extend the time to file a response from September 15, 2021 to October 15, 2021, submitted to The Clerk.
2021-08-16
Response Requested. (Due September 15, 2021)
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-06-22
Supplemental proof of service filed.
2021-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2021)
Attorneys
Outhdorm Ros
John Leis Staley — John L. Staley, Attorney, Petitioner
People of the State of California
Matthew C. Mulford — Office of the Attorney General, Respondent