No. 23-6976

Juan Cabrera v. United States

Lower Court: Ninth Circuit
Docketed: 2024-03-13
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: circuit-split criminal-procedure custody eighth-circuit howes-test miranda-custody miranda-rights ninth-circuit supreme-court tenth-circuit terry-stop
Key Terms:
FifthAmendment FourthAmendment CriminalProcedure Immigration
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Whether courts must apply the second step of Howes to determine if a person is 'in custody' for Miranda purposes

Question Presented (OCR Extract)

question presented is: Whether courts must apply the second step of Howes to determine if a person is “in custody” for Miranda purposes. prefix PARTIES,

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-17
Reply of petitioner Juan Cabrera filed. (Distributed)
Main DocumentCertificate of Word CountProof of ServiceMain DocumentCertificate of Word CountProof of Service
2024-05-13
Brief of respondent United States in opposition filed.
Main DocumentProof of ServiceMain DocumentProof of Service
2024-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2024.
2024-04-03
Motion to extend the time to file a response from April 12, 2024 to May 13, 2024, submitted to The Clerk.
Main DocumentMain Document
2024-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2024)
Motion for Leave to Proceed in Forma PauperisPetitionCertificate of Word CountAppendixAppendixProof of ServiceMotion for Leave to Proceed in Forma PauperisPetitionCertificate of Word Count

Attorneys

Juan Cabrera
Kara Lee Hartzler — Federal Defenders of San Diego, Inc., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent