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