No. 21-7183

Ruth Diaz-Burgos v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-02-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination
Key Terms:
FifthAmendment CriminalProcedure
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether Rule 11(b) requires advice of Fifth Amendment rights before plea colloquy interrogation

Question Presented (from Petition)

QUESTION PRESENTED The district court, in conducting a change of plea hearing, failed to advise Petitioner of her right to be free from compelled self-incrimination before questioning her under oath as to her criminal involvement in two related federal drug violations. The Eleventh Circuit held that there is no constitutional or rule requirement of advice of Fifth Amendment rights before the district court conducts an interrogation of a defendant about the defendant’s offense conduct. Does Rule 11(b) of the Federal Rules of Criminal Procedure require that an advice of rights under Fifth Amendment’s self-incrimination clause be afforded to a defendant before interrogation in a plea colloquy in which the district court seeks to elicit the defendant’s admission to conduct constituting a crime? i INTERESTED PARTIES The caption contains the names of all of the parties interested in the proceedings. ii

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-03-01
Waiver of right of respondent United States to respond filed.
2022-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2022)

Attorneys

Ruth Diaz-Burgos
Richard C. Klugh Jr. — Petitioner
Richard C. Klugh Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent