No. 21-7956

Timothy McClendon v. Chris Brewer, Warden

Lower Court: Eighth Circuit
Docketed: 2022-05-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights fifth-amendment fourteenth-amendment interrogation-technique miranda-rights miranda-v-arizona missouri-v-seibert sixth-amendment
Key Terms:
DueProcess FourthAmendment CriminalProcedure HabeasCorpus
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Whether jurists of reason could debate the district court's conclusion that the detectives' actions were not a coordinated two-step interrogation technique

Question Presented (OCR Extract)

QUESTIONS PRESENTED IT WHETHER JURISTS OF REASON COULD DEBATE THE DISTRICT COURT'S CONCLUSION THAT THE DETECTIVES ACTIONS WERE NOT A CORRDINATED TWO-STEP INTERROGATION TECHNIQUE AND IS NOT IN CONFLICT WITH THIS COURT'S DECISIONS IN MISSOURI V. SEIBERT, 542 U.S. 600 (2004) AND MIRANDA V. ARIZONA, 384 U.S. 436 (1966), AND DID NOT VIOLATE MCCLENDON'S 5TH, 6TH, AND 14TH AMENDMENT RIGHTS (QUESTION OF GENERAL INTEREST AND IMPORTANCE). II WHETHER JURIST OF REASON COULD DEBATE THE DISTRICT COURT'S CONCLUSION THAT MCCLENDON DID NOT MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF HIS 5TH, 6TH, AND 14TH AMENDMENT RIGHTS AND WAS NOT ENTITLED TO A CERTIFICATE OF APPEALABILITY. (CONFLICT WITH THIS COURT'S DECISIONS IN MILLER-EL V. COCKRELL, 537 U.S. 322 (2003) AND BUCK V. DAVIS, 137 S.CT. 759 (2017)(QUESTION OF GENERAL INTEREST AND IMPORTANCE). (i)

Docket Entries

2022-06-27
Petition DENIED.
2022-06-08
DISTRIBUTED for Conference of 6/23/2022.
2022-06-02
Waiver of right of respondent Chris Brewer to respond filed.
2022-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2022)

Attorneys

Chris Brewer
D. John SauerOffice of the Attorney General, Respondent
D. John SauerOffice of the Attorney General, Respondent
Timothy McClendon
Timothy McClendon — Petitioner
Timothy McClendon — Petitioner