No. 21-8047
Santiago Esquivel v. Gary Miniard, Warden
Response WaivedIFP
Tags: criminal-procedure due-process fundamental-fairness habeas-corpus miranda-rights post-arrest-silence prosecutorial-conduct prosecutorial-misconduct sixth-circuit
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus Privacy JusticiabilityDoctri
DueProcess FifthAmendment CriminalProcedure HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference:
2022-09-28
Question Presented (AI Summary)
did-the-sixth-circuit-err-in-failing-to-find-the-district-court's-decision-on-the-prosecutor's-reference-to-petitioner's-silence-as-debatable-or-wrong
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW I. DID THE SIXTH CIRCUIT ERR, WHEN IT FAILED TO FIND AS DEBATABLE OR WRONG THE DISTRICT COURTS DECISION THAT THE PROSECUTOR'S REFERENCE TO PETITIONERS POST-ARREST, POSTMIRANDA SILENCE WAS NOT AN AFFRONT TO FUNDAMENTAL FAIRNESS? , Il. DID THE SIXTH CIRCUIT COURT OF APPEALS CLEARLY ERR IN ITS DENIAL OF PETITIONER'S REQUEST FOR A CERTIFICATE OF APPEALABILITY, WHEN IT DETERMINED THAT PETITIONER WAS NOT ENTITLED TO HABEAS RELIEF ON HIS CLAIM THAT HIS SENTENCE WAS BASED ON _ INACCURATE INFORMATION? [ii]
Docket Entries
2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
Waiver of right of respondent Gary Miniard, Warden to respond filed.
2022-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2022)
2022-03-02
Application (21A462) granted by Justice Kavanaugh extending the time to file until April 29, 2022.
2022-02-15
Application (21A462) to extend the time to file a petition for a writ of certiorari from February 28, 2022 to April 29, 2022, submitted to Justice Kavanaugh.
Attorneys
Gary Miniard, Warden
Fadwa A. Hammoud — Michigan Department of Attorney General, Respondent
Fadwa A. Hammoud — Michigan Department of Attorney General, Respondent