No. 21-8224

Arthur L. Gurbey v. United States

Lower Court: Second Circuit
Docketed: 2022-06-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release
Key Terms:
FifthAmendment
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of supervision, including polygraph testing, or risk violation of his supervised release violates the Fifth Amendment by creating a classic penalty situation in contravention to this Court's holding in Minnesota v. Murphy, 465 U.S. 420 (1984)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of supervision, including polygraph testing, or risk violation of his supervised release violates the Fifth Amendment by creating a classic penalty situation in contravention to this Court’s holding in Minnesota v. Murphy, 465 U.S. 420 (1984)? il

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent United States to respond filed.
2022-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2022)

Attorneys

Arthur Gurbey
Michelle BarthLaw Office of Michelle Anderson Barth, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent