No. 21-1083

Jay Hoon Choi v. Virginia

Lower Court: Virginia
Docketed: 2022-02-04
Status: Denied
Type: Paid
Response Waived
Tags: 6th-amendment criminal-procedure custodial-interrogation due-process law-enforcement-contact miranda-rights right-to-attorney right-to-counsel right-to-remain-silent sixth-amendment state-magistrates
Key Terms:
CriminalProcedure
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Miranda-rights-after-assertion

Question Presented (OCR Extract)

Questions Presented Issue 1. Following the police reading of the rights enumerated in Miranda v. Arizona, 384 U.S. 436 (1966), how long after a person in custody asserts his/her 6 Amendment right to counsel is contact with an attorney required. Issue 2. Are state magistrates required to tell a recent arrestee, who is brought before them that what the arrestee says may be used against him/her; that the arrestee has a right to remain silent; and that the arrestee has a right to have an attorney, before further proceedings occur Parties The parties to this case are petitioner Jay Hoon Choi. and the Commonwealth of Virginia. Corporate Disclosure There are no corporations involved in this case. List of Proceedings 1. In the Fairfax Circuit Court: Commonwealth v. Jay H. Choi, No. FE-2018-0001067, FE-2019-0152, FE-2019-0153: a. Trial — August 26-29, 2019; b. Sentencing — December 20, 2019, ii amended sentencing order — February 11, 2020; c. Notice of Appeal to the Virginia Court of Appeals filed — February 16, 2020. 2. In the Virginia Court of Appeals: Jay H. Choi a/k/a Jay Hoon Choi v. Commonwealth, Record No. 0264-20-4: Petition for Appeal filed — 1 Judge review date — November 12, 2020 — denied; b. 3judge demand filed November 17, 2020; c. 3judge writ panel date January 13, 2021; denied; a. Notice of Appeal to the Virginia Supreme Court filed — February 16, 2021. 3. In the Supreme Court of Virginia: Jay Hoon Choi v. Commonwealth, SCV Record # 210180: a. Petition filed — February 16, 2021; Petition denied — November 4, 2021.

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-02
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2022-02-02
Petition for a writ of certiorari filed. (Response due March 7, 2022)

Attorneys

Commonwealth of Virginia
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Jay Hoon Choi
Marvin David MillerThe Law Offices of Marvin D. Miller, Petitioner