No. 21-6667

Thomas Orville Bastian v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2021-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-review constitutional-protections due-process fifth-amendment interrogation-rights procedural-default right-to-counsel shackling waiver-of-counsel
Key Terms:
DueProcess FifthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether state courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that he had voluntarily waived the right to counsel despite his requests for counsel during interrogations

Question Presented (OCR Extract)

Issues Presented for Review 1. State courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that it was Bastian who had initiated a discussion with law enforcement and he had therefore voluntarily waived the right to counsel even though state courts also found that law enforcement ignored Bastian’s requests for counsel during eight interrogations conducted over a three-day period. 2. Does the procedural default doctrine preclude federal review where collateral review proceedings in Arizona are inadequate to vindicate the constitutional protections due to a criminal defendant after conviction and state courts denied Bastian the opportunity to litigate shackling-related claims in Rule 32 proceedings? i

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-20
Waiver of right of respondent Charles L. Ryan, Attorney General for the State of Arizona to respond filed.
2021-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2022)

Attorneys

Charles L. Ryan, Attorney General for the State of Arizona
Andrew Stuart ReillyOffice of the Attorney General, Respondent
Andrew Stuart ReillyOffice of the Attorney General, Respondent
Thomas Orville Bastian
Katia MehuLaw Office of Katia Mehu, Petitioner
Katia MehuLaw Office of Katia Mehu, Petitioner