No. 23-636

Atif Ahmad Rafay v. Eric Jackson

Lower Court: Ninth Circuit
Docketed: 2023-12-13
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 5th-amendment civil-rights due-process false-confession false-confessions habeas-corpus police-coercion police-misconduct undercover-operation wrongful-conviction wrongful-convictions
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2024-03-22 (distributed 2 times)
Question Presented (AI Summary)

Should this Court summarily reverse the Ninth Circuit for failing to address petitioner's preserved claim that his conviction was premised on a confession coerced by police tactics that are inherently coercive?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner was convicted of committing a triple homicide as a teenager and condemned to spend the rest of his life in prison based on false incriminating statements. Nearly all the other testimonial and forensic evidence exonerated him—including the blood and hair of other, unidentified males at the crime scene. He gave his false statements to undercover police officers who were posing as violent mobsters. He did so because he believed if he refused to “confess” to the murders he did not commit, he would be killed. Even so, the state trial court denied petitioner’s motion to suppress his statements. The trial court (1) found he did not confess because of credible threats of violence, and (2) held that the police tactics were not inherently coercive. The state court of appeals failed to address the second claim. And the Ninth Circuit simply overlooked it. Thus, no court has ever seriously considered petitioner’s claim that the undercover operation was per se coercive. There is obvious merit to the claim under clearly established federal law, and _ profound consequences for petitioner, who might otherwise spend the rest of his life in prison for crimes he didn’t commit. Given the persistence of wrongful convictions based on false confessions, it is vital for courts to ensure that a defendant’s “confession” was not obtained by inherently coercive official misconduct if the confession is to be used to convict him. The question presented is: Should this Court summarily reverse the Ninth Circuit for failing to address petitioner’s preserved claim that his conviction was premised on a _ confession coerced by police tactics that are inherently coercive?

Docket Entries

2024-03-25
Petition DENIED.
2024-03-06
DISTRIBUTED for Conference of 3/22/2024.
2024-03-05
2024-02-21
2024-01-22
Brief amici curiae of Law Enforcement Training and Interrogation Experts filed.
2024-01-19
2024-01-03
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2024.
2024-01-02
Motion to extend the time to file a response from January 22, 2024 to February 21, 2024, submitted to The Clerk.
2023-12-26
Brief amicus curiae of Criminal Lawyers’ Association of Ontario, Canada filed.
2023-12-22
Response Requested. (Due January 22, 2024)
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-15
Letter to the Clerk of Atif Ahmad Rafay submitted.
2023-12-14
Waiver of right of respondent Eric Jackson to respond filed.
2023-12-04
Petition for a writ of certiorari filed. (Response due January 12, 2024)
2023-09-27
Application (23A271) granted by Justice Kagan extending the time to file until December 4, 2023.
2023-09-25
Application (23A271) to extend the time to file a petition for a writ of certiorari from October 5, 2023 to December 4, 2023, submitted to Justice Kagan.

Attorneys

Atif Ahmad Rafay
Daniel Hirotsu WoofterGoldstein, Russell & Woofter LLC, Petitioner
Daniel Hirotsu WoofterGoldstein, Russell & Woofter LLC, Petitioner
Criminal Lawyers’ Association of Ontario, Canada
Eric Lindsay RobertsonWheeler Trigg O'Donnell LLP, Amicus
Eric Lindsay RobertsonWheeler Trigg O'Donnell LLP, Amicus
Eric Jackson
Peter Benjamin GonickAttorney General of Washington, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent
Law Enforcement Training and Interrogation Experts
David Jacob ZimmerGoodwin Procter LLP, Amicus
David Jacob ZimmerGoodwin Procter LLP, Amicus
Washington Innocence Project
John Robert MillsPhillips Black, Amicus
John Robert MillsPhillips Black, Amicus