No. 22-525

Adrean L. Smith v. Gary A. Boughton, Warden

Lower Court: Seventh Circuit
Docketed: 2022-12-06
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-guarantee fair-presentment fifth-amendment habeas habeas-corpus lower-courts miranda-rights seventh-circuit state-court-review
Key Terms:
FifthAmendment CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether a habeas petitioner fairly presents his federal claim in state court

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether a habeas petitioner “fairly presents” the “substance” of his federal claim in state court by identifying the relevant facts and the relevant constitutional guarantee, regardless of whether his state-court briefs cited the exact same precedents that he invoked in federal court. 2. Whether Connecticut v. Barrett, 479 U.S. 523 (1987), which held that invocations of Miranda rights must be construed broadly, requires police to stop questioning a suspect who invokes his Fifth Amendment rights by repeatedly stating, “I don’t want to talk” and “I don’t want to talk about this,” even if the invocation is arguably ambiguous in scope.

Docket Entries

2023-02-21
Petition DENIED.
2023-01-18
DISTRIBUTED for Conference of 2/17/2023.
2023-01-03
Waiver of right of respondent Gary A. Boughton, Warden to respond filed.
2022-12-02
Petition for a writ of certiorari filed. (Response due January 5, 2023)
2022-10-20
Application (22A333) granted by Justice Barrett extending the time to file until December 2, 2022.
2022-10-18
Application (22A333) to extend the time to file a petition for a writ of certiorari from November 2, 2022 to December 2, 2022, submitted to Justice Barrett.

Attorneys

Adrean L. Smith
Kelly Colleen HoltJones Day, Petitioner
Kelly Colleen HoltJones Day, Petitioner
Gary A. Boughton, Warden
Jacob J. Wittwer — Respondent
Jacob J. Wittwer — Respondent