No. 24-5637

Kyle Trevor Flack v. Kansas

Lower Court: Kansas
Docketed: 2024-09-26
Status: Denied
Type: IFP
IFP
Tags: custodial-interrogation due-process fifth-amendment miranda-rights objective-inquiry self-incrimination
Key Terms:
FifthAmendment CriminalProcedure Punishment
Latest Conference: 2025-01-10
Question Presented (AI Summary)

During a custodial interrogation, may police ignore an individual's repeated and unambiguous demands to 'cut off questioning'?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Miranda v. Arizona, the Court announced prophylactic rules deemed necessary to safeguard the Fifth Amendment privilege against self-incrimination, including an individual's "right to cut off questioning" during custodial interrogation. 384 U.S. 436, 474 (1966); Michigan v. Mosley, 423 U.S. 96, 103-04 (1975). Since then, the Court has reiterated that whether a suspect unambiguously invoked his Miranda rights requires an "objective inquiry." Berghuis v. Thompkins, 560 U.S. 370, 381 (2010); Davis v. United States, 512 U.S. 452, 459 (1994); see also Connecticut v. Barrett, 479 U.S. 523, 529 (1987) ("Interpretation is only required where the defendant's words, understood as ordinary people would understand them, are ambiguous."). And yet, lower courts remain deeply divided on how and when an individual invokes "the right to cut off questioning," and whether speculation into an individual's subjective motivations may render a plain Miranda invocation ambiguous. The questions presented are: 1. During a custodial interrogation, may police ignore an individual's repeated and unambiguous demands to "cut off questioning"? 2. May speculation into an individual's subjective motivations provide the context that renders an otherwise plain Miranda invocation ambiguous?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-12-03
Reply of petitioner Kyle Trevor Flack filed. (Distributed)
2024-11-19
Brief of respondent Kansas in opposition filed.
2024-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024 (30-day extension).
2024-10-07
Motion of Kansas for an extension of time submitted.
2024-10-07
Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk. (Request for 30-day extension)
2024-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)
2024-08-07
Application (24A132) granted by Justice Gorsuch extending the time to file until September 26, 2024.
2024-08-02
Application (24A132) to extend the time to file a petition for a writ of certiorari from August 27, 2024 to October 26, 2024, submitted to Justice Gorsuch.

Attorneys

Kansas
Anthony John PowellOffice of the Kansas Attorney General, Respondent
Kristafer Ross Ailslieger — Respondent
Kyle Trevor Flack
Clayton James PerkinsCapital Appellate Defender Office, Petitioner