No. 25-7044

Hector Torres-Espinoza v. United States

Lower Court: Ninth Circuit
Docketed: 2026-03-17
Status: Pending
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: adverse-inference criminal-procedure criminal-trial evidence-admissibility fifth-amendment self-incrimination
Latest Conference: 2026-04-17
Question Presented (from Petition)

Whether an affirmative verbal invocation of a Fifth Amendment right is admissible evidence of guilt at a criminal trial.

Question Presented (AI Summary)

Whether an affirmative verbal invocation of a Fifth Amendment right is admissible evidence of guilt at a criminal trial

Docket Entries

2026-04-02
DISTRIBUTED for Conference of 4/17/2026.
2026-03-27
Waiver of United States of right to respond submitted.
Main Document
2026-03-27
Waiver of right of respondent United States to respond filed.
Main Document
2026-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2026)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixAppendixCertificate of Word CountProof of Service

Attorneys

Hector Torres-Espinoza
Kara Lee Hartzler — Federal Defenders of San Diego, Inc., Petitioner
United States
D. John Sauer — Solicitor General, Respondent