No. 22-6900

Tony Deng v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2023-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone-search coercion confession-voluntariness deception-tactics due-process habeas-corpus law-enforcement-interrogation reasonable-expectation-of-privacy right-to-counsel will-overborne-standard
Key Terms:
Privacy
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether the 'will overborne' standard or analysis should be used to evaluate the voluntariness of a confession obtained by trickery and deception

Question Presented (OCR Extract)

QUESTION(S) PRESENTED L. Whether the “will averborn” standard or analysis, which repuires the finding of Violence. or threats of violence. dverbearing a person's will, should be used +o evaluate the Voluntariness of a Confession obtained by means of trickery and deception, tactics which do not involve the use of coercion or. threats +o overbear a pesson’s Will. 2. What oxacthy must the federal habeas court do when conduct +e required “independent review!" on issues of Volurtariness of a Confession under the (epuiremect of Miller v. Fenton, #14 4.s.(04 (1985). 3. Whether intercepting and recording a person's Cellphone conversation by a stele agent for the Purpase of discovering incriminating evidence. constitute a bedy Search and séicure of the Cellphone user. 4. Whether a person making a Cellphone Gall has a reasonable expectation of privacy and whether his or her expectation of privacy dunng the Gill can be Vicariously Waived ordenied by the consent of a stale agent who is a party to the all. 5. Should the test for determining when the counsel right attaches be centered more on when the aid of counsel is most needed rather than Solely based on the Custedy and indichment factors. 6. Whether the COA stirdard used by the Th circu Court of appeals inthis case departed frm the standards established by this Court in Miller-El v. Cockrell 537 W.s. 322(2003) .

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-13
Waiver of right of respondent David Shinn, et al. to respond filed.
2023-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2023)
2022-11-29
Application (22A469) granted by Justice Kagan extending the time to file until March 26, 2023.
2022-11-18
Application (22A469) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to March 26, 2023, submitted to Justice Kagan.

Attorneys

David Shinn, et al.
Brian CoffmanArizona Attorney General's Office, Respondent
Brian CoffmanArizona Attorney General's Office, Respondent
Tony Deng
Tony Deng — Petitioner
Tony Deng — Petitioner