No. 24-5717

David Devaney, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2024-10-07
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination
Key Terms:
FifthAmendment CriminalProcedure
Latest Conference: 2025-02-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the statement 'I have to get a lawyer, I have to shut the interview down' constitutes an unambiguous request for counsel, and can a defendant's responses to questions after that statement be used to transform the request, which was originally unequivocal, to an equivocal request for counsel?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the statement of “I have to get a lawyer, I have to shut the interview down” constitutes an unambiguous request for counsel, and can a defendant’s responses to questions after that statement be used to transform the request, which was originally unequivocal, to an equivocal request for counsel? i

Docket Entries

2025-02-24
Petition DENIED.
2025-01-23
DISTRIBUTED for Conference of 2/21/2025.
2025-01-08
Brief of United States in opposition submitted.
2025-01-08
Brief of respondent United States in opposition filed.
2024-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2025.
2024-11-26
Motion to extend the time to file a response from December 5, 2024 to January 6, 2025, submitted to The Clerk.
2024-11-05
Response Requested. (Due December 5, 2024)
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-17
Waiver of right of respondent United States to respond filed.
2024-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2024)

Attorneys

David Devaney Jr.
Matthew Joseph SmidThe Law Office of Matthew J . Smid PLLC, Petitioner
Matthew Joseph SmidThe Law Office of Matthew J . Smid PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent