No. 25-6765

Willie M. Hardy, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2026-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: body-worn-camera credibility-inference criminal-procedure due-process ineffective-assistance miranda-warning
Latest Conference: 2026-03-20
Question Presented (from Petition)

1. Whether a police officer's intentional and purposeful decision to keep the
audio turned off on his body-worn camera constitutes an inference against the
officer's credibility regarding whether a defendant was properly provided with
a Miranda warning.

2. Whether defense counsel's failure to file a motion to suppress statements
obtained without a Miranda warning constitutes ineffective assistance of counsel

3. Whether the credibility of an officer who intentionally chose to keep the audio
on his body worn camera turned off during an alleged Miranda warning is greater
greater than the credibility of a defendant with a criminal history.

4. Whether a claim of ineffective assistance of counsel is procedurally barred
where counsel fails to file a motion to suppress statements that were obtained
in violation of Miranda

Question Presented (AI Summary)

Whether a police officer's intentional decision to keep body-worn camera audio off constitutes an adverse inference regarding Miranda warning credibility, and whether defense counsel's failure to file a motion to suppress such statements constitutes ineffective assistance of counsel

Docket Entries

2026-03-23
Petition DENIED.
2026-02-26
DISTRIBUTED for Conference of 3/20/2026.
2026-02-18
Waiver of United States of right to respond submitted.
2026-02-18
Waiver of right of respondent United States to respond filed.
2025-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2026)

Attorneys

United States
D. John SauerSolicitor General, Respondent
Willie M. Hardy, Jr.
Willie M. Hardy Jr. — Petitioner