No. 22-5935

Devon Miller v. Superintendent, Shawangunk Correctional Facility

Lower Court: Second Circuit
Docketed: 2022-10-28
Status: Denied
Type: IFP
IFP
Tags: confession-admissibility custodial-interrogation fifth-amendment miranda-v-arizona miranda-warnings police-interrogation police-interrogation-tactics self-incrimination two-step-interrogation voluntariness
Key Terms:
CriminalProcedure HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether the Fifth Amendment privilege against self-incrimination applies during custodial interrogation

Question Presented (OCR Extract)

No question identified. : (1). The court first core constitutional holding in Miranda v. Arizona was to confirm that the Fith Amendment privilege serves to protect all persons in all settings in which their freedom a of action(s) is curtailed in any significant way from being compeiled to incriminate themselves. This privilege is clearly embodied during compulsion exerted by law enforcement during custodial interrogation (2). This court landmark decision in Miranda v. Arizona is the bedrock against self-incrimination, and the statue is clear that confessions should be voluntarily given and the Fifth amendment privilege against self-incrimination is full applicable during custodial interrogation. (3). The Fith amendment privilege against self-incrimination is not soley a privilege to be free from abuse at the police precinct but its also a privilege not to become an unwitting or unwilling witness against ones-self while being subjected to the pressures inherent during custodial interrogation.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2022)

Attorneys

Devon Miller
Devon Miller — Petitioner
Devon Miller — Petitioner