No. 22-7679

Frederic Gabriel v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-06-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process fifth-amendment interrogation miranda miranda-rights police-interrogation right-to-silence self-incrimination
Key Terms:
CriminalProcedure HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the police violate the petitioner's Fifth Amendment right by continuing to interrogate him after he unambiguously invoked his right to silence?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. DID THE ACTIONS OF POLICE VIOLATE THE PETITIONER'S FIFTH AMENDMENT RIGHT WHEN THE PETITIONER INVOKED HIS RIGHT TO SILENCE BY UNAMBIGUOUSLY STATING: “NO, I DON'T WANT TO TALK TO YOU" TO DETECTIVES WHO ACKNOWLEDGED THIS STATEMENT BUT REFUSED TO SCRUPULOUSLY HONOR THE PETITIONER'S STATEMENT BY NOT CEASING THE INTERROGATION AND SUBSEQUENTLY USED THE STATEMENT AGAINST THE PETITIONER AT TRIAL? 2. DOES LAW ENFORCEMENT VIOLATE A SUSPECTS FIFTH AMENDMENT RIGHT WHEN THEY OBTAIN AN INCRIMINATING STATEMENT IN DIRECT VIOLATION OF MIRANDA, FROM A DEFENDANT WHO HAS VERY LIMITED ENGLISH, SO LONG AS THEY ALSO GET THE SUSPECT TO RESTATE PORTIONS OF A PREVIOUS NON-INCRIMINATING STATEMENT THEREBY RENDERING THE SUBSEQUENT STATEMENT CUMULATIVE? ii

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-13
Waiver of right of respondent Ricky D. Dixon to respond filed.
2023-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2023)

Attorneys

Frederic Gabriel
Frederic Gabriel — Petitioner
Frederic Gabriel — Petitioner
Ricky D. Dixon
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent