Right-to-Remain-Silent

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-6267 Jose Gonzalez, III v. Texas Texas 2023-12-15 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure 1). Is McCoy v Louisiana a logical extension of Florida V Nixon at all when concession of Petitioner's guilt was never discussed prior to trial? 2). …
22-491 Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-23 Denied Response Waived criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession Whether Delgado was denied effective assistance of counsel by his counsel's failure to file a motion to suppress his confession given in response to c…
22-5840 Joseph Shook v. Florida, et al. Eleventh Circuit 2022-10-14 Denied IFP constitutional-rights criminal-trial due-process evidence evidence-admission evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel jury-selection life-sentence prejudice prejudicial-testimony right-to-remain-silent Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights do to trial court err by: A…
21-1083 Jay Hoon Choi v. Virginia Virginia 2022-02-04 Denied Response Waived 6th-amendment criminal-procedure custodial-interrogation due-process law-enforcement-contact miranda-rights right-to-attorney right-to-counsel right-to-remain-silent sixth-amendment state-magistrates Issue 1. Following the police reading of the rights enumerated in Miranda v. Arizona, 384 U.S. 436 (1966), how long after a person in custody asserts …
21-6616 Gabriel Schaaf v. Tim Shoop, Warden Sixth Circuit 2021-12-16 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process in-custody-interrogation miranda-rights police-questioning right-to-counsel right-to-remain-silent Whether police must wait for counsel to be present, before questioning a suspect who has invoked his right to remain silent and to have counsel presen…
21-6492 Jaime Galvez v. William Muniz, Warden Ninth Circuit 2021-12-02 Denied IFP criminal-procedure defendant-rights directed-verdict due-process federal-law harmless-error insanity-defense right-to-remain-silent trial-court-error 1. Is it clearly established federal law within the meaning of 28 U.S.C. § 2254(d)(1) that a trial court's error, of forcing a criminal defendant to t…
21-5635 Jamail D. Hairston v. Massachusetts Massachusetts 2021-09-09 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error miranda-rights miscarriage-of-justice police-testimony right-to-remain-silent right-to-silence sufficiency-of-evidence DID THE APPEALS COURT ERR IN HOLDING THAT NO SUBSTANTIAL RISK OF A MISCARRIAGE OF JUSTICE RESULTED FROM OFFICER PAGAN'S ERRONEOUS TESTIMONY ABOUT HAIR…
20-5265 Hazhar A. Sayed v. Colorado Colorado 2020-08-05 Denied Response WaivedIFP competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense Whether the trial court violated Sayed's constitutional right to remain silent and reversibly erred when it allowed the government to question a DOC i…
19-7904 Jason Bonds v. United States Second Circuit 2020-03-09 Denied IFP criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola…
19-7759 Lyarron T. Emers v. Illinois Illinois 2020-02-24 Denied Response WaivedIFP 5th-amendment aggravating-factor constitutional-rights due-process fifth-amendment pre-sentence-investigation right-to-remain-silent right-to-silence sentencing sentencing-discretion Is People v. Emers IL App (4th) 170254-0 parallel to People v. Maggio IL App (4th) 150287? How is it not unconstitutional, if comments are made on a …
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing I. Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender? II. Is Pe…
18-9838 Cedric Floyd v. Alabama Alabama 2019-06-27 Denied IFP capital-case capital-punishment death-penalty eighth-amendment fifth-amendment remorse right-to-remain-silent 1. In a capital case in which the defendant exercises his right not to testify, are the Fifth and Eighth Amendments violated when the State argues in …
18-9272 Loren J. Larson, Jr. v. Nancy Dahlstrom, Commissioner, Alaska Department of Corrections Alaska 2019-05-14 Denied Response WaivedIFP civil-rights due-process equal-protection jurisdiction juror-bias jury-bias no-impeachment-rule right-to-remain-silent sixth-amendment 1. Does the Equal Protection clause of the Fourteenth Amendment require courts to apply a Sixth Amendment constitutional exception to a no-impeachment…
18-8077 Donald Glenn Estes v. Renee Baker, Warden, et al. Ninth Circuit 2019-02-21 Denied Response WaivedIFP competency-hearing criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary-confinement mental-competency mental-health-confinement prosecutorial-evidence right-to-remain-silent wainwright-v-greenfield 1. Whether this Court's Decisions in Wainwright v. Greenfield, 474 U.S. 284 (1996), and Buchanan v. Kentucky, 483 U.S. 402 (1987), Allow a Prosecutor …
18-7840 Tommie H. Telfair v. United States Third Circuit 2019-02-07 Denied Response WaivedIFP dismissal-without-merits due-process miranda-v-arizona right-to-remain-silent wiggins-v-smith certificate-of-appealability due-process fundamental-rights judicial-discretion merits-review miranda-rights miranda-v-arizona right-to-remain-silent right-to-silence wiggins-v-smith WHETHER THE LOWER COURTS ABUSED IT'S DISCRETION IN DENYING PETITIONER A CERTIFICATE OF APPEALABILITY (COA) WHERE JURIST OF REASON COULD DISAGREE WITH …