No. 24-6774

Alberto Rivera v. Tim Thomas, Warden

Lower Court: Seventh Circuit
Docketed: 2025-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: counsel-of-choice critical-stage law-enforcement right-to-counsel sixth-amendment substitute-counsel
Latest Conference: 2025-04-25
Question Presented (AI Summary)

Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a 'critical stage' without a countervailing interest, and not run afoul of the Sixth Amendment's right to counsel of choice as long as they provide substitute counsel?

Question Presented (OCR Extract)

Can lav* enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a "critical stage'/ without a countervailing interest, and not run afoul of the Sixth Amendment's right to counsel of choice as long as they provide substitute counsel?1 . Is it time for this Court to revisit the issue regarding substitute counsel that has left open in Wade where law enforcement officials have used this point to circumvent a defendant's right to the presence of their retained counsel at "critical stages"?2. Is it time to modify the precedent regarding offense-specificity where there are factually related charged and uncharged offenses that are so inextricably intwined that the Sixth Amendment right to counsel must prevail?3. 1

Docket Entries

2025-04-28
Petition DENIED.
2025-04-10
DISTRIBUTED for Conference of 4/25/2025.
2025-04-09
Waiver of right of respondent Warden Thomas to respond filed.
2025-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2025)

Attorneys

Alberto E. Rivera
Albert E. Rivera — Petitioner
Albert E. Rivera — Petitioner
Warden Thomas
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent