No. 23-6505

Kheungkham Vongphakdy v. United States

Lower Court: Fourth Circuit
Docketed: 2024-01-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights custodial-interrogation due-process fifth-amendment harmless-error miranda-rights self-incrimination
Key Terms:
FifthAmendment CriminalProcedure Immigration JusticiabilityDoctri Jurisdiction
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether a custodial interrogation without Miranda warnings violates the Fifth Amendment privilege against self-incrimination

Question Presented (OCR Extract)

QUESTIONS PRESENTED L. During a four-hour custodial interrogation, the interrogating officer never advised Vongphakdy of his Miranda rights. The government disputed neither that the interrogation violated Miranda nor that the evidence obtained was involuntary and unreliable. Did the Fourth Circuit’s opinion concluding that Vongphakdy’s statements were non-testimonial and outside the reach of the Fifth Amendment privilege against self-incrimination conflict with this Court’s decisions? I. The government did not argue on appeal that any error in admitting evidence of Vongphakdy’s custodial statements was harmless beyond a reasonable doubt. Did the Court of Appeals err in concluding that any error would be harmless beyond a reasonable doubt when the government made no attempt to establish harmlessness?

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-26
Waiver of right of respondent United States to respond filed.
2024-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2024)

Attorneys

Kheungkham Vongphakdy
Jared Paul MartinFederal Public Defender, Petitioner
Jared Paul MartinFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent