self-incrimination

220 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-848 Alabama v. Michael Anthony Powell Alabama 2026-01-15 Pending constitutional-procedure context-analysis griffin-error prejudice-standard prosecutorial-comment self-incrimination 1. Whether courts must reverse for Griffin error without examining a prosecutor's comment in context and without finding prejudice. Or the Court shou…
25-847 Alabama v. Brandon Dewayne Sykes Alabama 2026-01-15 Pending constitutional-law criminal-procedure due-process griffin-error prosecutorial-comment self-incrimination 1. Whether courts must reverse for Griffin error without examining a prosecutor's comment in context and without finding prejudice. Or the Court shou…
25-6585 Patrick Killen, Jr. v. United States Eleventh Circuit 2026-01-14 Pending Response WaivedIFP constitutional-rights due-process evidence-tampering prosecution-misconduct self-incrimination speedy-trial 1. Whether the prosecution can use an arbitrary and fictitious list of 442 unknown individuals during sentencing all of whom never testified during t…
25-6564 Ambreia Washington v. Tennessee Tennessee 2026-01-13 Pending Response WaivedIFP fifth-amendment fourth-amendment plain-view-exception probable-cause self-incrimination warrantless-seizure Whether information obtained in violation of the Fifth Amendment's Self-Incrimination Clause can establish the probable cause necessary to authorize a…
25-6478 Jeremy Edward Johnson v. United States Third Circuit 2026-01-05 Pending Response WaivedIFP criminal-procedure due-process fifth-amendment harmless-error miranda-rights self-incrimination 1. DID THE THIRD CIRCUIT ERR BY ASSUMING EVEN IF THERE WAS A MIRANDA VIOLATION, THE VIOLATION WAS HARMLESS? a. Did the Third Circuit err by not deter…
25A650 Alabama v. Brandon Dewayne Sykes Alabama 2025-12-03 Application closing-argument fifth-amendment griffin-violation harmless-error prosecutorial-comment self-incrimination Whether a prosecutor's comments during closing argument that implicitly reference a defendant's choice not to testify violate the Fifth Amendment's pr…
25A638 William Lewis Reece v. Oklahoma Oklahoma 2025-12-02 Application coerced-confession criminal-procedure due-process fifth-amendment interrogation-techniques self-incrimination Whether a criminal defendant's confession was involuntary and obtained in violation of his Fifth Amendment right against self-incrimination when law e…
25-6109 Dion Marsh v. United States Third Circuit 2025-11-13 Denied Response WaivedIFP criminal-defendant due-process fifth-amendment remorselessness self-incrimination sentencing Whether the Fifth Amendment prohibits a sentencing court from inferring remorselessness from a criminal defendant's silence.
25-5618 Jamil Jones v. United States Ninth Circuit 2025-09-11 Denied Response WaivedIFP criminal-procedure fifth-amendment mitchell-precedent right-to-silence self-incrimination sentencing Whether the failure to apologize or express remorse violates the Fifth Amendment right to remain silent at sentencing, a question left open by Mitchel…
25-5425 Keith Lamar Foster v. Pennsylvania Pennsylvania 2025-08-21 Denied Response WaivedIFP due-process interrogation-tactics police-misrepresentation self-incrimination statement-voluntariness suspect-status Where a police officer misrepresents the fundamental nature of an individual's interaction with police by lying about his status as a suspect, does th…
25-5374 Artez Hammonds v. Alabama Alabama 2025-08-15 Denied IFP circuit-split due-process jury-instructions prosecutorial-misconduct self-incrimination sixth-amendment Whether, under Griffin v. California and Carter v. Kentucky, jury instructions omitting 'no adverse inference' language can cure a prosecutor's willfu…
24-7467 Eldon Gale Samuel, III v. Terema Carlin, Warden Ninth Circuit 2025-06-18 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process juvenile-waiver miranda-rights self-incrimination Whether a 14-year-old knowingly and voluntarily waived Miranda rights during custodial interrogation
24-1267 Adam Douglas Densmore v. Colorado Colorado 2025-06-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) child-protection custodial-interrogation due-process law-enforcement miranda-rights self-incrimination Is custodial interrogation by a child-protection caseworker subject to Miranda's requirements where the interrogation concerns matters that may trigge…
24-1148 Dominic Michael Mason v. Catherine S. Bauman, Warden Sixth Circuit 2025-05-08 Denied Response Waived constitutional-rights due-process fifth-amendment habeas-corpus self-incrimination sentencing Whether a criminal defendant's pre-arrest silence can be used against him at sentencing in violation of his Fifth and Fourteenth Amendment rights
24-6891 Davone Unique Anderson v. Pennsylvania Pennsylvania 2025-03-31 Denied IFP custodial-interrogation due-process involuntary-confession mental-health-crisis right-to-counsel self-incrimination Whether a statement to a corrections officer made by an individual who has just attempted suicide while in custody is 'voluntary' when the prison has …
24-6390 William Logsdon v. United States Fifth Circuit 2025-01-24 Denied Response WaivedIFP compulsory-process criminal-defendant fifth-amendment self-incrimination sixth-amendment witness-testimony Whether a district court must conduct a particularized inquiry into a witness's Fifth Amendment privilege before accepting a blanket assertion of self…
24-731 Michigan v. Mark David Woolley Michigan 2025-01-13 Denied criminal-procedure fifth-amendment miranda-warnings polygraph-procedure self-incrimination voluntariness Whether Miranda warnings should be modified to create a rebuttable presumption of involuntariness rather than an irrebuttable rule of law, and whether…
24-687 Matthew P. Leipart v. United States Armed Forces 2024-12-27 Denied Response Waived constitutional-rights defense-counsel due-process military-justice prosecutorial-misconduct self-incrimination Whether defense counsel's unconsented guilt concession and the prosecutor's use of a prior guilty plea in closing arguments violated the accused's con…
24-5899 Michael Anthony Glover v. Georgia Georgia 2024-11-04 Denied Relisted (2)IFP constitutional-rights custody-determination due-process miranda-warnings police-interrogation self-incrimination Whether the Court of Appeals of Georgia erred in not finding that the objective circumstances required that petitioner Glover was in custody for purpo…
24-5871 Jeremy Travis Payne v. United States Ninth Circuit 2024-10-31 Denied Response WaivedIFP biometric-data constitutional-rights criminal-procedure fifth-amendment self-incrimination testimonial-evidence Whether the forced use of biometric data to unlock a cellphone constitutes a 'testimonial' act under the Fifth Amendment
24-5717 David Devaney, Jr. v. United States Fifth Circuit 2024-10-07 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination 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'…
24-5637 Kyle Trevor Flack v. Kansas Kansas 2024-09-26 Denied IFP custodial-interrogation due-process fifth-amendment miranda-rights objective-inquiry self-incrimination During a custodial interrogation, may police ignore an individual's repeated and unambiguous demands to 'cut off questioning'?
24-5538 John Ross Stenberg v. Don Langford, Warden Tenth Circuit 2024-09-12 Denied Response WaivedIFP constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-counsel self-incrimination Whether the District Court erred in denying suppression of statements and finding ineffective assistance of counsel claims without merit when constitu…
24A201 Peter K. Navarro v. United States District of Columbia 2024-08-23 Presumed Complete act-of-production fifth-amendment fourth-amendment presidential-records-act self-incrimination white-house-records Whether the Presidential Records Act and the Fourth Amendment permit compelled production of presidential records from a former White House official's…
24-5278 Mark Manuel Angeles Marino v. United States Eleventh Circuit 2024-08-08 Denied Response WaivedIFP fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing h…
24-5199 Sharon Cammille Riddick v. Massachusetts Massachusetts 2024-07-31 Denied IFP dismissal due-process fifth-amendment first-amendment interlocutory-appeal obstruction-of-justice petition-government self-incrimination Whether 8.J.C. Rule 2:21 (2) is an adequate basis to dismiss the Petitioner's Complaint, and not a violation of the Petitioner's First Amendment right…
24-5086 Isaias Delgado v. United States Ninth Circuit 2024-07-16 Denied Response WaivedIFP confrontation-clause constitutional-rights due-process fair-trial federal-law federal-sentencing ineffective-assistance ineffective-assistance-of-counsel self-incrimination Whether the government violated Mr. Delgado's right to due process and a fair trial by withholding evidence
24-5055 Tre'veon Demarcus Anderson v. Louisiana Louisiana 2024-07-11 Denied Response WaivedIFP confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments Whether the defendant's Sixth Amendment right to confrontation was violated when the State elicited testimony from a witness who repeatedly invoked th…
23-7780 Mario Gonzalez-Godinez v. United States Ninth Circuit 2024-06-24 Denied Response WaivedIFP asylum-process asylum-seekers criminal-prosecution custodial-interrogation fifth-amendment miranda-rights miranda-warnings self-incrimination fifth-amendment-right-to-remain-silent
23A1089 Jimmie L. Bowen v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-06-06 Presumed Complete fifth-amendment interrogation miranda-rights police-interview self-incrimination suspect-confession Whether the placement of a suspect in a police interview room with another suspect after invoking Miranda rights constitutes an interrogation that vio…
23-7619 Brandon Gibbs v. Texas Texas 2024-06-03 Denied IFP closing-argument constitutional-rights criminal-procedure due-process fifth-amendment prosecutorial-misconduct self-incrimination Did prosecutor improperly comment on Petitioner's failure to testify during closing argument, in violation of the Fifth Amendment?
23-7539 Eddie Lamar Thomas v. Don Langford, Warden Tenth Circuit 2024-05-22 Denied IFP criminal-procedure custodial-interrogation due-process fifth-amendment investigative-detention miranda-warnings self-incrimination Whether the district court violated Mr. Thomas's Fifth Amendment rights by admitting his statements to detectives and evidence derived from those stat…
23-7412 John Thomas Rooney v. Georgia Georgia 2024-05-08 Denied Relisted (2)IFP 5th-amendment compulsory-testimony constitutional-violation criminal-conviction due-process equal-protection habeas-corpus post-conviction-relief privilege-against-self-incrimination self-incrimination state-court-review Does Cronaias' testimony violate the 5th Amendment's privilege against self-incrimination?
23-1020 Utah v. Alfonso Valdez Utah 2024-03-18 Denied Amici (1) cellphone cellphone-privacy criminal-procedure fifth-amendment foregone-conclusion passcode self-incrimination testimonial testimonial-communication Whether disclosing a cellphone passcode with no substantive meaning is testimonial under the Fifth Amendment
23-6641 Cedric A. Gray v. Wisconsin Wisconsin 2024-02-01 Denied Response WaivedIFP constitutional constitutional-interpretation due-process fifth-amendment miranda-v-arizona miranda-warning prophylactic-procedures prophylactic-rule self-incrimination text-history-tradition Should this Court overturn the prophylactic procedures announced in Miranda v. Arizona and return to an interpretation of the Fifth Amendment which is…
23-6575 Racardo Jackson v. Ken Clark, Warden Ninth Circuit 2024-01-25 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment impeachment miranda-warnings selective-silence self-incrimination Whether a suspect's 'selective silence' after receiving Miranda warnings may be used by the state to establish guilt at trial
23-6505 Kheungkham Vongphakdy v. United States Fourth Circuit 2024-01-17 Denied Response WaivedIFP constitutional-rights custodial-interrogation due-process fifth-amendment harmless-error miranda-rights self-incrimination Whether a custodial interrogation without Miranda warnings violates the Fifth Amendment privilege against self-incrimination
23-6459 Alan Osterhoudt, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-01-11 Denied Response WaivedIFP 28-usc-2253 5th-amendment certificate-of-appealability court-of-appeals criminal-procedure fifth-amendment law-enforcement-comment mistrial-motion self-incrimination Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his Fifth Ame…
23-6238 William Jarvis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-12 Denied IFP confrontation confrontation-clause due-process effective-counsel equal-protection fifth-amendment self-incrimination sixth-amendment third-party-guilt Whether the Fifth Amendment right to be free from the compulsion to make self-incriminating statements includes the right to not be required to provid…
23-485 Jesus Arley Munera-Gomez v. United States First Circuit 2023-11-08 Denied compulsory-process constitutional-rights due-process entrapment entrapment-defense government-misconduct prosecutorial-discretion self-incrimination use-immunity witness-immunity witness-testimony Whether a defendant is constitutionally entitled to obtain use immunity for a witness
23-5927 Katerin Martinez-Alberto v. United States First Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
23-5827 Keiron K. Sneed v. Illinois Illinois 2023-10-17 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP contents-of-mind digital-privacy fifth-amendment fisher-v-united-states foregone-conclusion passcode passcode-compulsion search-warrant self-incrimination Can the foregone conclusion rationale be used to compel an individual to enter a passcode into a personally held cellular phone?
23-5811 Valery LaTouche v. Harold D. Graham, Superintendent, Auburn Correctional Facility Second Circuit 2023-10-17 Denied IFP due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) rule-60b self-incrimination whether-new-york-cpl-440.10(2)(c)-statutes-being-amended
23-5778 Larry David Davis v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2023-10-12 Denied Response WaivedIFP administrative-procedure civil-rights due-process equal-protection fifth-amendment interrogation-tactics law-enforcement self-incrimination standing takings voluntary-confession Whether the court erred in dismissing the petitioner's claims
23-5770 Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2023-10-12 Denied IFP criminal-procedure due-process fifth-amendment ineffective-assistance involuntary-confession miranda-warning police-interrogation self-incrimination When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, rendered …
23-349 Donald Esslinger, et ux. v. Shawn Bass, et ux. Idaho 2023-10-03 Denied Response WaivedRelisted (2) 5th-amendment citizen-citation civil-procedure civil-rights continuance criminal-procedure due-process fifth-amendment parallel-proceedings self-incrimination summary-judgment Whether the 5th Amendment right to remain silent prevails over procedural considerations in a civil case when criminal charges are pending in a parall…
23A157 Keiron K. Sneed v. Illinois Illinois 2023-08-21 Presumed Complete compelled-entry digital-device fifth-amendment foregone-conclusion-doctrine passcode self-incrimination Whether the Fifth Amendment's protection against self-incrimination and the foregone conclusion doctrine prohibit the government from compelling a sus…
23-5247 In Re David Jackson 2023-07-31 Dismissed IFP and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure Whether the warrantless search and seizure of February 14, 1991 violated the 4th and 14th Amendment rights
23-5071 Bruce Allen Buckner v. Wilfredo Martell, Warden Fourth Circuit 2023-07-12 Denied IFP appeals civil-rights confession constitutional-rights due-process federal-procedure habeas-corpus police-procedure self-incrimination standing suspect-interrogation Whether the Fourth Circuit Court of Appeals erred in dismissing the petitioner's habeas corpus petition on procedural grounds without reaching the mer…
23-5061 Jared Thomas Cardwell v. Arizona Arizona 2023-07-10 Denied Response WaivedIFP civilian-prosecution fifth-amendment joint-investigation military-justice miranda-v-arizona miranda-warnings self-incrimination ucmj-art-31(b) ucmj-art-31b Whether active duty service members interrogated during a joint military/civilian investigation should be given the comprehensive military protections…
22-1205 Brian D. Skattum v. Devan Collomy Maine 2023-06-13 Denied 14th-amendment 5th-amendment child-custody civil-rights criminal-case criminal-procedure divorce-proceeding due-process family-law fifth-amendment fourteenth-amendment self-incrimination Can a parent be penalized in a divorce/custody case for exercising 5th/14th Amendment rights in a related criminal case?
22-7779 Zohn Wang Kub Yang v. Dan Cromwell, Warden Seventh Circuit 2023-06-13 Denied Response WaivedIFP 5th-amendment civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment law-enforcement miranda-rights miranda-v-arizona self-incrimination Whether the totality of the law enforcement officers' words or actions made during the questioning of Petitioner in this case when they told Petitione…
22-7741 Rudy Alvarez v. United States Ninth Circuit 2023-06-09 Denied Amici (1)IFP burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness or…
22-7679 Frederic Gabriel v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-06-01 Denied Response WaivedIFP civil-rights constitutional-rights due-process fifth-amendment interrogation miranda miranda-rights police-interrogation right-to-silence self-incrimination Did the police violate the petitioner's Fifth Amendment right by continuing to interrogate him after he unambiguously invoked his right to silence?
22-7626 Tynan Anthony Checchi v. United States Sixth Circuit 2023-05-24 Denied Response WaivedIFP cross-examination fifth-amendment miranda-v-arizona self-incrimination sentencing unsworn-allocution Was Mr. Checchi's Fifth Amendment right against self-incrimination violated?
22-7534 Charles Claude Ramsey v. Kimberly H. Runion, Director, Virginia Center for Behavioral Rehabilitation Fourth Circuit 2023-05-11 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process evidence fourth-circuit judicial-recusal self-incrimination standing state-law Whether the privilege against self-incrimination as set forth in Brown v. United States should be weighed against the need to put forward a defense th…
22-7496 Akkeli Frederick v. California California 2023-05-09 Denied IFP civil-rights constitutional-violation criminal-procedure due-process fair-trial fifth-amendment illegal-interrogation involuntary-confession ninth-circuit prosecutorial-misconduct self-incrimination Whether the admission of an involuntary confession derived from an illegal interrogation violates the accused's Fifth Amendment right against self-inc…
22-7134 Christopher L. Whitaker v. Ohio Ohio 2023-03-28 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment capital-defendant capital-punishment eighth-amendment fifth-amendment fourteenth-amendment mitigation-evidence self-incrimination sixth-amendment Is a capital defendant's offer to plead guilty and waive all post-trial procedures in exchange for a life sentence admissible as mitigating evidence?
22-6831 Will Lee Carter v. Virginia Virginia 2023-02-22 Denied IFP civil-rights constitutional-rights due-process equal-protection fifth-amendment fourteenth-amendment freedom-of-religion self-incrimination sexually-violent-predator substantive-due-process Is Virginia's Sexually Violent Predator Law Unconstitutional?
22-785 Theryn Jones v. United States Second Circuit 2023-02-21 Denied Amici (1)Relisted (2) circuit-split criminal-procedure due-process fifth-amendment immunity self-incrimination sixth-amendment witness witness-immunity when-the-due-process-clause-requires-vacatur-of-a-criminal-conviction-based-on-the-government's-refusal-to-seek-immunity-for-a-defense-witness
22-776 Courtney Drake v. Georgia Georgia 2023-02-17 Denied Amici (1)Response Waived blood-draw blood-test breath-test due-process dui fourth-amendment implied-consent self-incrimination warrantless-search Whether the government can use a motorist's refusal of a warrantless blood test as evidence of guilt
22-6778 Mi-in-gun Justin Charette, aka Justin Marshall Critt v. Minnesota Minnesota 2023-02-14 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure custodial-interrogation custodial-questioning fifth-amendment miranda-rights miranda-v-arizona right-to-counsel self-incrimination suspect-rights Whether the prophylactic rules announced in Miranda v. Arizona allow a suspect to request that counsel be present for questioning when the suspect is …
22-6584 Meghan M. Kelly v. United States Court of Appeals for the Third Circuit Third Circuit 2023-01-20 Denied IFP case-or-controversy civil-rights constitutional-rights disciplinary-proceedings due-process equal-protection reciprocal-discipline religious-beliefs self-incrimination standing whether-the-third-circuit's-rule-r.a-d-e.-16-violates-equal-protections
22-647 Ross Anthony Scott v. Texas Texas 2023-01-11 Denied circuit-split constitutional-interpretation criminal-procedure defendant-rights defendant-silence fifth-amendment liberal-construction prosecutor-comment prosecutorial-comment self-incrimination Whether a prosecutor's comment on a criminal defendant's failure to testify infringes on the defendant's Fifth Amendment privilege against self-incrim…
22-6472 Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2023-01-06 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights …
22-6197 Albert Bautista Guzman v. Christian Pfeiffer, Warden Ninth Circuit 2022-12-01 Denied Relisted (2)IFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment interrogation-tactics police-misconduct search-and-seizure self-incrimination Whether detectives investigating cases should practice integrity under the Due Process Clause of the 5th and 14th Amendments, preventing fabrication, …
22-6083 Aaron Jay Pierce v. Utah Utah 2022-11-17 Denied Response WaivedIFP coercion constitutional-rights criminal-procedure due-process evidence-collection impeachment interrogation-tactics law-enforcement police-interrogation right-to-counsel self-incrimination Whether statements obtained during a custodial police interrogation in violation of the Constitution, law, and state law should be suppressed by the d…
22-6079 Teshome Sok Sameru v. Minnesota Minnesota 2022-11-16 Denied IFP civil-rights criminal-procedure due-process evidence self-incrimination witness Does a 9-1-1 caller become a witness, especially after giving statements to the police which the state conceded were inadmissible?
22-405 Michael Leon Grubb v. Texas Texas 2022-11-01 Denied 5th-amendment confession confessions due-process fifth-amendment interrogation law-enforcement miranda-rights self-incrimination supreme-court-precedent whether-the-supreme-court's-1987-decision-in-mauro-effectively-abdicated-its-1980-holding-in-innis
22-5935 Devon Miller v. Superintendent, Shawangunk Correctional Facility Second Circuit 2022-10-28 Denied IFP confession-admissibility custodial-interrogation fifth-amendment miranda-v-arizona miranda-warnings police-interrogation police-interrogation-tactics self-incrimination two-step-interrogation voluntariness Whether the Fifth Amendment privilege against self-incrimination applies during custodial interrogation
22-5465 LaRoyce McFadden v. Illinois Illinois 2022-08-30 Denied Response WaivedIFP constitutional-protections due-process interrogation-rights involuntary-confession juvenile-justice juvenile-suspect police-interrogation police-procedure right-to-counsel self-incrimination Whether a murder conviction based on a 17-year-old boy's statements made to police after he was held incommunicado for over 24 hours, the police ignor…
22-5174 Lester Waters, Jr. v. United States Eighth Circuit 2022-07-25 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process exclusionary-rule miranda-rights self-incrimination substance-influence voluntary-waiver Whether Lester Waters, Jr. could waive his rights 'knowingly and intelligently' while under the influence of alcohol
21-8219 Dante Danil Carter v. California California 2022-06-23 Denied IFP 14th-amendment 5th-amendment criminal-procedure doyle-v-ohio due-process fifth-amendment fourteenth-amendment miranda miranda-rights post-miranda-silence self-incrimination Whether the California trial court deprived Carter of his 5th and 14th Amendment rights by permitting the prosecution to impermissibly use his post-Mi…
21-8224 Arthur L. Gurbey v. United States Second Circuit 2022-06-23 Denied Response WaivedIFP circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of …
21-8172 Juan Manuel Contreras-Zamora v. United States Fifth Circuit 2022-06-17 Denied Response WaivedIFP criminal-procedure fifth-amendment interrogation interrogation-rights legal-communication miranda-rights re-initiation right-to-counsel self-incrimination suspect-invocation waiver Whether a suspect who states 'Look man, 'm going to tell you just like this; I need my lawyer' must have a lapse of time before being deemed to have r…
21-8119 Waymon J. Stepherson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-06-10 Denied IFP 14th-amendment 5th-amendment brady-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-against-self-incrimination self-incrimination voir-dire Whether the lower court erred and abused its discretion in not finding petitioner was deprived of his 5th and 14th amendment rights
21-8106 Jay Jurdi v. United States Fifth Circuit 2022-06-09 Denied Response WaivedIFP constitutional-provisions criminal-procedure government-misconduct ineffective-assistance jurisdictional-issue legal-standard preservation-of-error procedural-question self-incrimination sentencing statutory-provisions writ-of-certiorari Was Brent's counsel ineffective for failing to object to, and thereby preserve for review, the government-intended use of a novel, self-incriminating …
21-7942 P'erre Jones v. United States Fifth Circuit 2022-05-23 Denied Response WaivedIFP 5th-amendment circuit-split criminal-procedure fifth-amendment polygraph polygraph-testing self-incrimination supervised-release Whether a circuit split should be resolved regarding whether a condition of supervised release requiring submission to polygraph testing violates a De…
21-7943 Anthony Gerald Wernsman v. Colorado Colorado 2022-05-23 Denied IFP colorado-courts confrontation-clause confrontation-rights criminal-procedure cross-examination due-process harmless-error self-incrimination witness-intoxication whether-confrontation-rights-were-violated
21-1465 Austin Channing McGraw v. Kentucky Kentucky 2022-05-20 Denied Response Waived 4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment self-incrimination warrantless-search Whether the government can advise a jury that a Defendant invoked his right against self-incrimination, and refused a consensual, warrantless search o…
21-7468 Nahid Kadir Moshrefi v. Colorado Colorado 2022-03-25 Denied IFP constitutional-rights evidence fifth-amendment non-custodial police-questioning pre-arrest self-incrimination Whether the Fifth Amendment protects an individual who invokes her privilege against self-incrimination during pre-arrest, non-custodial questioning b…
21-7263 Michael Halford v. Louisiana Louisiana 2022-03-03 Denied Response WaivedIFP due-process equal-protection fair-trial fifth-amendment fourteenth-amendment self-incrimination spousal-privilege Whether the denial of Petitioner's Spousal Privilege to exclude testimony at trial violated his rights against self-incrimination, due process, equal …
21-7265 Victor L. Manns, Jr. v. Florida Florida 2022-03-03 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process fifth-amendment implied-waiver miranda-rights self-incrimination testimony Whether a suspect can provide an implied waiver of Miranda rights when a detective admits under oath that the suspect was not properly Mirandized
21-7183 Ruth Diaz-Burgos v. United States Eleventh Circuit 2022-02-23 Denied Response WaivedIFP criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination Whether Rule 11(b) requires advice of Fifth Amendment rights before plea colloquy interrogation
21-7060 Christopher N. Bilynsky v. Maine Maine 2022-02-04 Denied Response WaivedIFP boykin-v-alabama constitutional-rights due-process jury-trial self-incrimination sentencing-exposure stipulation waiver Do the Due Process Clauses and Boykin v. Alabama mandate a colloquy before accepting stipulations to offense elements that increase sentencing exposur…
21-7020 Charles David Gordon v. Joe A. Lizarraga, Warden Ninth Circuit 2022-01-31 Denied Response WaivedIFP brady-disclosure criminal-procedure due-process evidence-admissibility mental-health segregation self-incrimination voluntariness voluntary-statements Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based on m…
21-6957 David Kent Thacker, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-01-25 Denied IFP amendment-due-process civil-rights constitutional-challenge criminal-procedure criminal-proceedings due-process exclusionary-rule federal-intervention investigation-scope miranda-rights pecuniary-interest self-incrimination whether MERANDA is part of the 5th Amendment's protection
21-6776 Wesley R. Carey v. Illinois Illinois 2022-01-07 Denied Response WaivedIFP 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance michigan-v-mosley post-conviction-relief self-incrimination state-court-decision Has the State of Illinois altered a decision in conflict with the decision in United States Supreme Court case, Michigan v. Mosley, thereby, violating…
21-6500 Jermaine Neal v. Mississippi Mississippi 2021-12-03 Denied Response WaivedIFP actual-innocence constructive-amendment criminal-investigation due-process false-confession fifth-amendment fourteenth-amendment perjury self-incrimination sixth-amendment When a citizen of the United States becomes a suspect in a criminal investigation for homicide and is induced to give false statements, does the due-p…
21-6405 Ashley McArthur v. Florida Florida 2021-11-24 Denied IFP 5th-amendment 6th-amendment criminal-procedure custodial-interrogation due-process fifth-amendment involuntary-confession law-enforcement miranda-rights self-incrimination waiver-of-rights Whether a law enforcement officer's violation of a defendant's rights set forth in Miranda v. Arizona, 384 U.S. 436 (1966), renders a subsequent waive…
21-6263 Gary Aaron Coble v. David Anderson, Warden Fourth Circuit 2021-11-15 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-interpretation double-jeopardy due-process equal-protection individual-rights judicial-review self-incrimination supreme-court-jurisdiction takings Whether the petitioner's due process rights under the U.S. Constitution were violated by the state's refusal to allow him to remain silent at trial
21-6168 Vance L. White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-11-03 Denied Relisted (2)IFP appellate-review blakely-v-washington constitutional-interpretation constitutional-law criminal-procedure due-process judicial-discretion self-incrimination sentencing sentencing-guidelines Did Judge Katsten M. Culney violate the strictures of Blakely v. Washington, 542 U.S. 296 (2004) self-incrimination?
21-6029 Daronnie Thompkins v. United States Ninth Circuit 2021-10-20 Denied Response WaivedIFP bank-robbery coercion criminal-procedure due-process evidence-sufficiency firearm-enhancement interrogation interrogation-tactics involuntary-statements self-incrimination sentencing Whether Thompkins' incriminating statements were involuntary and should have been suppressed
21-5968 Timothy Stemen v. Florida Florida 2021-10-14 Denied IFP 4th-amendment civil-rights due-process evidence fifth-amendment fourth-amendment ineffective-counsel police-misconduct search-and-seizure self-incrimination Did law enforcement violate the petitioner's due process rights under the 14th Amendment regarding the recordings
21-5963 Norris Williams v. United States Eleventh Circuit 2021-10-13 Denied Response WaivedIFP 5th-amendment constitutional-rights criminal-investigation criminal-procedure due-process evidence fifth-amendment habeas-corpus investigation right-to-silence self-incrimination When does an investigation stop after a defendant says 'No'?
21-5912 Mark Wayne Gray v. Dean Borders, Warden Ninth Circuit 2021-10-07 Denied Response WaivedIFP attorney-client-privilege due-process fifth-amendment fourteenth-amendment self-incrimination sixth-amendment Whether the 5th Amendment (right to be free from self-incrimination) and 6th (denial of assistance of counsel) and 14th amendments were violated
21-499 Carlos Vega v. Terence B. Tekoh Ninth Circuit 2021-10-04 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (3) 42-usc-1983 civil-rights civil-rights-act fifth-amendment law-enforcement miranda-v-arizona miranda-warnings police-liability section-1983 self-incrimination Whether a plaintiff may state a claim for relief against a law enforcement officer under Section 1983 based on the officer's failure to provide Mirand…
21-5791 Cesar Santana v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2021-09-28 Denied IFP due-process fifth-amendment involuntary-statements miranda-warnings police-assurances police-interrogation self-incrimination Whether the Fifth Amendment is violated, and a defendant's statements are involuntary, when police assure a suspect that his statements will not be us…
21-460 April Diane Myres v. United States Ninth Circuit 2021-09-27 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting…
21-5669 Thomas Woods v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2021-09-14 Denied Response WaivedIFP 5th-amendment adversarial-system compelled-testimony constitutional-rights criminal-trial due-process fifth-amendment grand-jury racial-disparities self-incrimination Where a target of a grand jury investigation is compelled under threat of the pains and penalties of the law to appear to testify at the grand jury an…
21-5445 Henryk S. Borecki v. Department of Homeland Security, et al. Ninth Circuit 2021-08-23 Denied Response WaivedIFP 1983 1985 1986 airline-passenger civil-rights civil-rights-act constitutional-rights due-process self-incrimination standing travel-identification Does the plaintiff's complaint, based on Sections 1983, 1985 and 1986 of the Civil Rights Acts, state a claim for relief against both or either of the…
21-5153 Brian K. Rogers v. United States First Circuit 2021-07-21 Denied Response WaivedIFP circuit-split fifth-amendment polygraph polygraph-examination self-incrimination sex-offender-treatment supervised-release Are admissions made during a polygraph examination required by sex offender treatment compelled for purposes of the Fifth Amendment when failing the e…
21-5135 Michael Ray Orr v. Texas Texas 2021-07-19 Denied Response WaivedIFP closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure Did the trial court err by denying Mr. Orr's objection to improper closing argument by the prosecutor?
20-8421 Braulio Perez v. United States Eleventh Circuit 2021-06-25 Denied IFP 4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony Issue 1
20-8363 Outhdorm Ros v. California California 2021-06-21 Denied Response RequestedRelisted (2)IFP criminal-procedure due-process evidence evidence-admission fifth-amendment miranda-rights prosecutorial-argument self-incrimination Whether a suspect's silence after arrest but before Miranda warnings can be admitted and commented upon to prove guilt
20-8326 Michael Adefemi Adeyemo, aka Adekunle Olufemi Adetiloye v. United States Eighth Circuit 2021-06-16 Denied Response WaivedIFP criminal-procedure fifth-amendment incriminating nexus-requirement obstruction-of-justice plea-colloquy self-incrimination separate-offense testimonial Whether the Fifth Amendment self-incrimination clause protects a defendant during the change of plea colloquy against compulsory self-disclosure of in…
20-1683 James A. Gideon v. Ohio Ohio 2021-06-04 Denied Response Waived disciplinary-investigation exclusionary-rule fifth-amendment garrity-doctrine garrity-v-new-jersey professional-license self-incrimination Whether a professional license holder's objectively reasonable, subjective belief that assertion of the Fifth Amendment privilege against self-incrimi…
20-8121 Andy Kejadi Onwuka v. California California 2021-05-25 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process probation self-incrimination sentencing Whether the Trial Court Violated petitioner's 5th & 14th Amendment rights
20-8125 Raymundo Eusebio-Noriega v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-05-25 Denied Response WaivedIFP court-appointed-counsel due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus language-barrier miranda-rights motion-to-suppress self-incrimination voluntariness-of-statements Where petitioner was denied Court appointed counsel
20-8102 Adam Rosen v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2021-05-21 Denied IFP civil-rights constitutional-law constitutional-violations criminal-procedure due-process federal-habeas ineffective-assistance post-conviction-relief precedent self-incrimination state-court-review Whether the Commonwealth's use of a defendant's statements to the Commonwealth, which were not elicited in violation of the defendant's Fifth Amendmen…
20-1548 Natalio Fridman v. United States Second Circuit 2021-05-06 Denied Response Waived act-of-production collective-entity-doctrine corporate-records fifth-amendment foregone-conclusion-doctrine irs-summons self-incrimination testimonial-evidence Does an individual retain his Fifth Amendment privilege in the face of the 'foregone conclusion doctrine' when an IRS summons requires him, in effect,…
20-7818 Stephon Lindsay v. Alabama Alabama 2021-04-22 Denied IFP and its progeny capital-trial consistent with Miranda v. Arizona expand the narrow public-safety-exception to Mira fifth-amendment involuntary-confession miranda-rights public-safety-exception criminal-procedure custodial-interrogation fifth-amendment miranda-warnings public-safety-exception self-incrimination Can a court
20-7717 Chadd A. Morris v. Shan Jumper, et al. Seventh Circuit 2021-04-12 Denied IFP 14th-amendment civil-rights constitutional-rights due-process inadequate-treatment judicial-misconduct professional-judgment self-incrimination summary-judgment systemic-changes treatment-standards Whether the lower courts erred in granting summary judgment to the defendants despite the plaintiff's evidence of judicial-misconduct, failure-to-comp…
20-7673 Atticus Sliter-Matias v. United States Third Circuit 2021-04-07 Denied Response WaivedIFP appeal appellate-review criminal-procedure due-process evidence-law fifth-amendment plain-error self-incrimination Whether the Third Circuit Court of Appeals erred in affirming the District Court's judgment of conviction and sentence by failing to find that the dis…
20-7630 Scott Paul Madlock v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-02 Denied IFP constitutional-law criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination sixth-amendment Whether the United States Court of Appeals for the Sixth Circuit's decision sanctioned a departure from the accepted and usual course of judicial proc…
20-1171 Michael Madison v. Ohio Ohio 2021-02-25 Denied capital-punishment due-process fifth-amendment mental-health mitigation self-incrimination When a capital defendant intends to present mitigation evidence from mental health experts who have interviewed him, but affirmatively represents to t…
20-7088 Mohamad Jamal Khweis v. United States Fourth Circuit 2021-02-09 Denied Response WaivedIFP constitutional-rights due-process fbi-procedure fifth-amendment fifth-amendment-violations interrogation interrogation-process miranda-rights missouri-v-seibert self-incrimination Did the intentional utilization by the F.B.I. of a two step interrogation process, without taking remedial measures as required by Missouri v. Seibert…
20-6914 Ryan Clark Petersen v. Alabama Alabama 2021-01-26 Denied IFP buchanan-v-kentucky capital-trial criminal-procedure due-process estelle-v-smith expert-testimony fifth-amendment mental-health-evaluation psychological-evaluation self-incrimination Where a court-appointed mental health expert assures a criminal defendant that the evidence gathered in his psychological evaluation will not be used …
20-6892 Vashaun Williams v. Illinois Illinois 2021-01-14 Denied Response WaivedIFP 5th-amendment 6th-amendment compelled-testimony constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions self-incrimination sixth-amendment Whether the State violated the Petitioner's rights under the 5th and 6th Amendments by compelling the testimony of a witness who invoked the 5th Amend…
20-937 Robert Andrews v. New Jersey New Jersey 2021-01-13 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) criminal-procedure criminal-prosecution evidence-discovery fifth-amendment foregone-conclusion passcode-disclosure password-disclosure self-incrimination state-supreme-court testimonial-compulsion Does the Fifth Amendment protect against compelled disclosure of a memorized passcode?
20-6675 Augustine L. Cavitte v. Nebraska Nebraska 2020-12-21 Denied Response WaivedIFP criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards?
20-645 Standing Akimbo, LLC, et al. v. United States Tenth Circuit 2020-11-12 Denied Relisted (13) 16th-amendment 4th-amendment controlled-substances-act fifth-amendment fourth-amendment preemption self-incrimination state-rights supremacy-clause tax-law Does Colorado's state-legal cannabis sales violate the Controlled Substances Act?
20-6215 Abrahan Garcia-Morales, aka Abraham Garcia-Morales v. United States Ninth Circuit 2020-11-04 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation due-process evidence-law fifth-amendment right-to-silence self-incrimination Whether the prosecutor's use of a defendant's 'partial silence' during a custodial interrogation violates the Fifth Amendment
20-591 Daniel Greer, Rabbi, et al. v. Eliyahu Mirlis Second Circuit 2020-11-03 Denied Response Waived adverse-inference civil-procedure civil-rights due-process evidentiary-inference fifth-amendment privilege self-incrimination What factors determine whether an adverse inference may be drawn against a party to a civil action following the party's invocation of the Fifth Amend…
20-5978 Yoder Austin Blalock v. Alaska Alaska 2020-10-09 Denied Response WaivedIFP 14th-amendment 4th-amendment 6th-amendment constitutional-amendments criminal-procedure double-jeopardy due-process equal-protection self-incrimination unreasonable-search Whether the decisions of the State of Alaska and the Alaska Court of Appeals are inconsistent with the U.S. Constitution's protections against double …
20-5884 Charles Chad Giese v. California California 2020-10-01 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination Did Police Violate Giese's Miranda Rights by Interrogating Him While He was in Custody?
20-5395 Marcus Tyler Sheffield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-24 Denied IFP 5th-amendment criminal-procedure custodial-interrogation due-process miranda-rights police-questioning reasonable-person reasonable-person-standard self-incrimination Whether the police detective's assurance to Sheffield that he is free to leave on the condition that he make a truthful statement would lead a reasona…
20-5415 Gillman Roddy Long, aka Dave Gillman Long v. United States Eighth Circuit 2020-08-19 Denied Response WaivedIFP 5th-amendment appeal-review civil-rights criminal-procedure due-process evidence fifth-amendment habeas-corpus self-incrimination sixth-amendment Does an objection to the government's argument that a defendant 'had not denied the accusations against him' violate the Fifth Amendment?
20-5357 Anthony Collymore v. Connecticut Connecticut 2020-08-14 Denied Response WaivedIFP compulsory-process due-process fair-trial immunity prosecutorial-misconduct self-incrimination statutory-immunity witness-immunity Whether the petitioner's rights to due process of law, compulsory process and fair trial were violated
20-5322 Patrick H. Torrence v. Alaska Alaska 2020-08-11 Denied IFP compulsory-process constitutional-amendments criminal-procedure double-jeopardy due-process effective-assistance-of-counsel equal-protection search-and-seizure self-incrimination unreasonable-searches-and-seizures Whether the decision of the State of Alaska and the Alaska Court of Appeals is consistent with the Fourteenth-Amendment, Sixth-Amendment, Fourth-Amend…
20-5294 Byron Becton v. Shawn Phillips, Warden Sixth Circuit 2020-08-07 Denied Response WaivedIFP due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct self-incrimination Did the prosecutor's misconduct deprive the petitioner of a fair trial that violated petitioner's Fifth and Fourteenth Amendment rights against self-i…
20-5281 Steven Robinson, aka Michael Moore v. United States District of Columbia 2020-08-06 Denied Response WaivedIFP civil-procedure civil-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment free-speech self-incrimination sixth-amendment standing Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause
20-59 Charles R. Campbell v. Hollie Bennett, et al. Fourth Circuit 2020-07-23 Denied Relisted (2) due-process equal-protection family-court family-rights right-to-counsel rooker-feldman self-incrimination sixth-amendment state-actor state-bar Right to Counsel for Defence
20-5113 Jeremias Robertson v. United States Tenth Circuit 2020-07-21 Denied Response WaivedIFP constitutional-rights due-process fact-finding fifth-amendment guideline-sentencing self-incrimination sentencing sentencing-deliberations silence Whether a sentencing court's focus on a defendant's silence during sentencing deliberations violates the constitutional right against self-incriminati…
20-5121 Brayan Gutierrez-Diaz v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP appointed-counsel criminal-procedure due-process fifth-amendment interrogation miranda-warning right-to-counsel self-incrimination Whether and to what extent a mistranslated Miranda warning, which does not reasonably convey the right to appointed counsel during interrogation, fail…
19-8919 Scott Clevenger v. Shawn Phillips, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation evidence-suppression miranda-rights right-to-counsel self-incrimination suppression-of-evidence Whether Petitioner's self-incriminating statements that was given while he was in custodial interigation without him first being notified of his Miran…
19-8910 Trinity Rolando Cabezas-Montano v. United States Eleventh Circuit 2020-07-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence fifth-amendment miranda-rights post-arrest-statement pre-miranda-statement self-incrimination Whether the prosecution violates the Fifth Amendment to the United States Constitution when they use a Defendant's pre-Miranda, post-arrest statements…
19-8768 Josh Albritton v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-06-22 Denied Relisted (2)IFP assistance-of-counsel constitutional-protections contract-law discovery-rights due-process government-legislation grounds-for-contracting judicial-procedure pro-se-litigant self-incrimination supreme-court Question not identified
19-8525 Julio Gabriel Diaz v. United States Ninth Circuit 2020-05-22 Denied Response WaivedIFP controlled-substances conversion criminal-defendant drug-conversion due-process fifth-amendment lsd self-incrimination sentencing-guidelines Whether a criminal defendant's Fifth Amendment rights are implicated by the conversion required by U.S.S.G. § 2D1.1
19-1254 Pennsylvania v. Joseph J. Davis Pennsylvania 2020-04-29 Denied Amici (1) 5th-amendment civil-rights electronic-devices encryption fifth-amendment foregone-conclusion search-warrant self-incrimination Does the foregone conclusion exception to the Fifth Amendment privilege against self-incrimination apply to the compelled production of passwords to e…
19-1195 Adalberto Frickson Palacios-Solis v. United States Eleventh Circuit 2020-04-03 Denied case-in-chief criminal-defendant criminal-procedure due-process evidence evidence-of-guilt fifth-amendment miranda miranda-rights pre-miranda-silence self-incrimination Whether the prosecution violates the Fifth Amendment's Self-Incrimination Clause when it uses a criminal defendant's post-arrest, pre-Miranda silence …
19-8180 M. H. v. Indiana Department of Child Services Indiana 2020-04-03 Denied Response WaivedIFP 5th-amendment civil-rights compulsion constitutional-rights due-process fifth-amendment fundamental-rights parental-rights self-incrimination waiver What are the present-day parameters to any assertion of privilege pursuant to the 5th Amendment to the United States Constitution (re: compulsion and …
19-8035 Manuel de Jesus Valencia v. California California 2020-03-18 Denied Response WaivedIFP confession-extraction constitutional-rights custodial-interrogation edwards edwards-rule fifth-amendment fourteenth-amendment law-enforcement-deception miranda miranda-rights self-incrimination undercover-operations Whether the Fifth and Fourteenth Amendments permit a deceptive ploy in which uniformed and undercover officers work together to extract a confession f…
19-1118 Jeffrey Todd Palumbo v. Connecticut Connecticut 2020-03-12 Denied Response Waived criminal-procedure criminal-testimony doyle-v-ohio due-process exculpatory-evidence first-time-account impeachment miranda-rights Miranda-warnings prosecutorial-misconduct self-incrimination trial-procedure uncharged-misconduct Whether a prosecutor violates Doyle v. Ohio by eliciting the fact that an exculpatory story is being told for the 'first time' at trial
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…
19-7752 Daniel Ochoa v. United States Eleventh Circuit 2020-02-24 Denied Response WaivedIFP criminal-procedure custodial-interrogation custody due-process eleventh-circuit fifth-amendment miranda-rights miranda-v-arizona pre-miranda-questioning public-safety-exception self-incrimination Whether Mr. Ochoa's Fifth Amendment rights were violated
19-7710 George R. Young v. Wanza Jackson-Mitchell, Warden Sixth Circuit 2020-02-19 Denied IFP actual-innocence confrontation-clause constitutional-rights criminal-proceeding due-process evidentiary-hearing habeas-corpus ineffective-assistance newly-discovered-evidence self-incrimination state-court-proceedings Whether the District Court erred in denying petitioner's actual-innocence claim
19-7547 Phillip Boyd Cashion v. Texas Texas 2020-02-04 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'y…
19-7473 Milon Jarr Brown v. Michigan Michigan 2020-01-29 Denied IFP civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment Was the petitioner denied a meaningful opportunity to present a complete defense?
19-7422 Andre Antonio Fairley v. Mississippi Mississippi 2020-01-27 Denied Response WaivedIFP civil-rights colloquy constitutional-provisions criminal-procedure due-process jurisdiction record self-incrimination sentencing waiver Whether the court committed reversible structural error by failing to consider unindicted conduct on the record colloquy with a waiver of course, besi…
19-7128 Mojisola Popoola v. United States Fourth Circuit 2019-12-31 Denied Response WaivedIFP 5th-amendment digital-evidence encrypted-devices encryption fifth-amendment miranda-warnings police-custody search-and-seizure self-incrimination standing suppression testimonial-conduct testimonial-evidence Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone is testimonial c…
19-7070 Gary R. Tomey, II v. United States Eleventh Circuit 2019-12-27 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del…
19-812 Charles T. Marshall v. Federal Trade Commission Ninth Circuit 2019-12-27 Denied Response Waived 5th-amendment civil-procedure civil-rights constitutional-rights contempt due-process fifth-amendment right-to-counsel self-incrimination summary-judgment Whether a civil defendant invoking the privilege against self-incrimination in his pleadings and discovery responses is unconstitutionally penalized
19-813 Loring Edwin Justice v. Board of Professional Responsibility of the Supreme Court of Tennessee Tennessee 2019-12-27 Denied Response Waived 5th-amendment administrative-law attorney-discipline civil-rights due-process fifth-amendment professional-conduct quasi-criminal self-incrimination Whether Tennessee violated the self-incrimination clause when it forced Justice to testify or suffer adverse inferences costing him his Tennessee law …
19-7039 Kevin Lee Beam v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-12-20 Denied IFP actual-innocence brady-violation constitutional-rights dna-evidence due-process exculpatory-evidence fair-trial fetal-dna miranda-rights right-to-fair-trial self-incrimination sentencing-statute Does the misguided destruction of exculpatory fetal DNA tissue evidence constitute a Brady violation?
19-6916 Sherri Jefferson v. Supreme Court of Georgia Georgia 2019-12-11 Denied Response WaivedRelisted (3)IFP attorney-discipline disbarment due-process fifth-amendment fourteenth-amendment legal-precedent professional-responsibility self-incrimination Does this Court's opinion in Spevack v. Klein, 385 U.S. 511 (1967), In re Ruffalo, 390 U.S. 544 (1968), and North Carolina Board of Dental Examiners v…
19-6917 In Re Sherri Jefferson 2019-12-11 Denied Response WaivedIFP attorney-discipline civil-rights constitutional-rights disbarment due-process due-process-clause equal-protection equal-protection-clause fifth-amendment professional-conduct self-incrimination Whether the order of disbarment should be reversed, remanded, or vacated and set aside for violation of the Due Process and Self-Incrimination Clause …
19-746 Oliver Ray Carbutt v. Colorado Colorado 2019-12-11 Denied Response Waived criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses When a court is required to advise a defendant of the privilege against self-incrimination during a presentence investigation for a sex offense?
19-6778 Michael Daemon Blackburn v. United States Tenth Circuit 2019-11-27 Denied Response WaivedIFP constitutional-law constitutional-waiver criminal-procedure custodial-interrogation due-process fifth-amendment interrogation-rights miranda-rights self-incrimination waiver Is a written-only advisement of Miranda rights -without time or silence to read it - a sufficient advisal allowing a knowing, intelligent and voluntar…
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony Was Mr. Henry's trial counsel, Patrick Nyenhus, failed to provide constitutionally effective assistance of counsel?
19-6637 Gregory Cooper v. Katy Poole, et al. Fourth Circuit 2019-11-14 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings Whether the 5th Amendment to the U.S. Constitution provides for due process when the State compels a defendant to testify against himself by threat of…
19-6641 Michael Anthony Clayton v. United States Sixth Circuit 2019-11-14 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure custodial-interrogation fifth-amendment miranda-rights miranda-warning right-to-counsel self-incrimination sixth-amendment Must an Officer Tell a Criminal Suspect in Custody That He Has the Right to Have an Attorney Present During the Interview, in Order to Use the Suspect…
19-6561 Maurice D. Joseph v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-08 Denied IFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourth-amendment illegal-interrogation right-to-privacy secret-recording self-incrimination unlawful-interrogation warrantless-recording Whether a detective's interrogation of a suspect at the suspect's home and secret recording of the suspect without consent, court authorization, or a …
19-6456 Geoffrey Baggett v. M. Eliot Spearman, Warden Ninth Circuit 2019-10-31 Denied Response WaivedIFP civil-rights confession-suppression custodial-interrogation due-process miranda-rights police-interrogation police-tactics prejudicial-error prejudicial-evidence right-to-counsel self-incrimination Whether petitioner's confession should have been excluded from evidence because petitioner was the victim of misleading tactics leading up to being ad…
19-6390 Edward L. Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-24 Denied Response WaivedIFP constitutional-violation due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel jury-trial miranda-rights self-incrimination sixth-amendment Was the Petitioner's right to due process and freedom from self-incrimination violated?
19-6304 Martin Nava Lara v. Texas Texas 2019-10-18 Denied IFP constitutional-protections due-process federal-supremacy foreign-national miranda-rights self-incrimination state-law supremacy-clause treaty-rights Whether State law supercedes the Supreme Law of the Land in regards to the rights, of a foreign national, established by the treaties between two coun…
19-6275 Dennis Jones v. Massachusetts Massachusetts 2019-10-16 Denied Amici (1)Response WaivedIFP act-of-production compelled-decryption due-process exception fifth-amendment foregone-conclusion self-incrimination testimonial-evidence Does the Fifth Amendment's act of production doctrine apply to compelled decryption? If so, what does the foregone conclusion exception to the act of …
19-6191 K. N., et ux. v. Montana Department of Public Health and Human Services Montana 2019-10-07 Denied Response WaivedRelisted (3)IFP 1st-amendment 5th-amendment civil-rights civil-rights-act-of-1964 constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process fifth-amendment freedom-of-religion parental-rights religious-discrimination self-incrimination state-action state-overreach Did the state's demands that the parents admit guilt violate their Constitutional rights under the 5th Amendment?
19-6154 Joanthony Deaundre Johnson v. Missouri Missouri 2019-10-04 Denied Response WaivedIFP cell-phone criminal-procedure digital-evidence fifth-amendment fourth-amendment particularity-requirement search-and-seizure self-incrimination warrant-particularity Whether a warrant authorizing the search of a cell phone and describing the things to be seized as 'all data/software' pertaining to the crimes is off…
19-6137 William Trampas Widmyer v. David Ballard, Warden Fourth Circuit 2019-10-02 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process fourth-circuit-court ineffective-assistance-of-counsel miranda-rights police-interview right-to-counsel self-incrimination Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested Coun…
19-411 Rodney Reed v. Texas Texas 2019-09-26 Denied Amici (2)Relisted (8) brady-materiality brady-v-maryland confrontation-clause due-process exculpatory-evidence fifth-amendment materiality self-incrimination suppressed-evidence witness-testimony When assessing under the Brady materiality standard whether 'disclosure of the suppressed evidence to competent counsel would have made a different re…
19-5941 Roger Cha v. United States Ninth Circuit 2019-09-13 Denied Response WaivedIFP civil-rights criminal-procedure due-process interrogation law-enforcement miranda-rights miranda-waiver self-incrimination waiver Is a Miranda waiver invalidated when the law enforcement officer providing the advisal involves himself in the waiver process by asking the subject of…
19-5900 David Earl Ison v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-09-10 Denied Response WaivedIFP boykin-v-alabama civil-rights criminal-procedure due-process fifth-amendment plea-bargaining self-incrimination sentencing Whether the introduction of a defendant's involuntary plea or statements in violation of the Fifth Amendment's privilege against self-incrimination is…
19-300 Beth Lewis Maze, Circuit Judge v. Kentucky Judicial Conduct Commission Kentucky 2019-09-05 Denied administrative-hearing civil-proceeding civil-rights criminal-indictment criminal-procedure due-process fifth-amendment judicial-conduct self-incrimination stay Did the denial of the stay in the civil proceedings deprive Petitioner of her fundamental Fifth Amendment right to remain silent in the state criminal…
19-5379 Michael Boyd Crowley v. Texas Texas 2019-07-30 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment miranda-warnings right-to-counsel self-incrimination self-incrimination,right-to-counsel,due-process,fi trial-procedure Was the information given by Dr. Dunham sufficient to warn the defendant of the danger of self incrimination?
19-5281 Ronald Wesley Jiles v. Michigan Michigan 2019-07-23 Denied IFP criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination Whether a defendant's right to exercise his Fifth Amendment right was prejudiced by the prosecution's comments on it during closing arguments
19-5167 Christian Don'tae Hood v. United States Fourth Circuit 2019-07-12 Denied Response WaivedIFP cellular-phone co-defendant compelled-testimony compulsory-process evidence-admissibility fifth-amendment fifth-amendment-rights jury-instruction post-arrest-interview search-and-seizure self-incrimination sixth-amendment Whether the trial court erred in admitting the appellant's post-arrest interview when the government violated his Fifth Amendment rights by forcibly u…
19-12 Kevin Sewell v. Maryland Maryland 2019-07-01 Denied Response Waived compelled-speech confrontation-clause due-process equal-protection fifth-amendment-self-incrimination first-amendment first-amendment-compelled-speech overbreadth self-incrimination sixth-amendment sixth-amendment-confrontation-clause Whether Maryland's law imposing a duty to report suspected child abuse or neglect on all persons in the State violates the First Amendment where it ma…
18-1579 Ronnie Ricks, Jr. v. Texas Texas 2019-06-25 Denied Response Waived 5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence Whether showing a videotape containing testimonial actions is proper, after an accused has invoked his right to counsel?
18-9773 Arie Robert Redeker v. Dwight Neven, Warden, et al. Ninth Circuit 2019-06-24 Denied Response WaivedIFP 5th-amendment coercion coercive-detention coercive-tactics constitutional-rights custodial-interrogation fifth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree involuntary-confession law-enforcement-tactics self-incrimination Whether fruit of the poisonous tree doctrine applies to a custodial interrogation that has been tainted
18-9758 Lavell Conerly v. Willis Chapman, Warden Sixth Circuit 2019-06-21 Denied IFP constitutional-rights criminal-procedure due-process due-process,self-incrimination,miranda-warnings,cl inculpatory-statement ineffective-assistance-of-counsel miranda-warnings right-to-counsel self-incrimination Was it reversible error to introduce defendant's inculpatory statement obtained without Miranda warnings?
18-1542 Bobby Johnson v. North Carolina North Carolina 2019-06-14 Denied Response Waived admissibility admissibility-of-statements constitutional-rights custodial-interrogation due-process law-enforcement law-enforcement-procedure miranda-warnings self-incrimination timing timing-of-warnings Whether an officer violates a defendant's constitutional privilege against self-incrimination or due process rights by delivering Miranda warnings at …
18-9654 Carl Javan Ross v. United States Fourth Circuit 2019-06-13 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process public-trial public-trial-rights self-incrimination speedy-trial Was the petitioner's 6th Amendment right to a speedy trial violated as well as public trial rights?
18-9602 Colby L. Simmons v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP admissibility-of-evidence criminal-procedure custodial-interrogation due-process evidence evidence-admission fifth-amendment miranda-rights miranda-v-arizona self-incrimination Did the district court violate petitioner's Fifth Amendment right as set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct 1602, 16 L. Ed. 2d 694 (19…
18-9220 Earl C. Handfield, II v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-05-10 Denied IFP 5th-amendment civil-rights constitutional-provisions due-process fifth-amendment grand-jury immunity legitimate-source self-incrimination use-immunity witness witness-rights Who or what is a 'legitimate source' under use immunity?
18-1410 James A. Jackson v. Thomas Lawson Sixth Circuit 2019-05-09 Denied constitutional-rights due-process fifth-amendment fourteenth-amendment fourth-amendment miranda-rights miranda-v-arizona self-incrimination sixth-circuit united-states-v-hale unlawful-detention Whether the United States Court of Appeals for the Sixth Circuit may condition enforcement of a citizen's right against unlawful detention guaranteed …
18-9081 Scott Books v. United States Seventh Circuit 2019-05-01 Denied Response WaivedIFP brooks-v-tennessee coerced-confession confession-suppression criminal-procedure due-process impeachment right-to-counsel self-incrimination self-incrimination-5th-amendment Under Brooks v. Tennessee, did the district court's ruling permitting impeachment with the coerced confession and its physical fruit impermissibly int…
18-9045 Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-04-30 Denied Response WaivedRelisted (2)IFP 14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments?
18-8866 Winston Grey Brakeall v. Robert Dooley, Warden Eighth Circuit 2019-04-17 Denied Response WaivedIFP 14th-amendment 5th-amendment civil-rights constitutional-violation due-process fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights parole parole-conditions polygraph polygraph-examination polygraph-examinations self-incrimination sex-offenders Whether compelled self-incrimination through the use of polygraph examinations as a requirement of parole violates parolees' Fifth and Fourteenth Amen…
18-8823 Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. Eighth Circuit 2019-04-15 Denied Response WaivedIFP 10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure Whether a long-term legal resident with no criminal record who was removed from the U.S. based on falsified records has due process rights
18-8733 Russell T. McElvain v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-10 Denied IFP civil-rights criminal-procedure double-jeopardy due-process equal-protection federalism self-incrimination statutory-interpretation Can a state enact a statute that combines the use of older, established statutes as the ways and means to commit the new statutes crime, merely erodin…
18-1241 Demetrius Jackson v. Ohio Ohio 2019-03-25 Denied child-protective-services criminal-procedure fifth-amendment police-interrogation right-to-counsel self-incrimination sixth-amendment Whether interrogations by state-employed child protective services caseworkers violate the Fifth and Sixth Amendments, where the caseworkers are requi…
18-1207 In Re Twelve Grand Jury Subpoenas Ninth Circuit 2019-03-18 Denied Amici (1)Response RequestedResponse WaivedRelisted (3) 5th-amendment act-of-production-privilege business-entities business-records closely-held-businesses closely-held-corporations closely-held-entities corporate-privilege fifth-amendment limited-liability-companies self-incrimination subchapter-s-corporations subpoena-duces-tecum Should Braswell v. United States be limited or overturned?
18-8120 Jerry Lynn Lofton v. Mississippi Mississippi 2019-02-25 Denied Response WaivedIFP criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his …
18-8001 William Fykes v. West Virginia West Virginia 2019-02-15 Denied IFP 14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors …
18-7933 Keith Charleston v. Jeffrey Woods, Warden Sixth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment 6th-amendment constitutional-rights criminal-procedure-miranda due-process ineffective-assistance-of-counsel ineffective-counsel miranda-rights premeditated-murder probable-cause self-defense self-incrimination warrantless-arrest Whether petitioner's statement was unconstitutionally obtained due to intoxication and lack of sleep preventing a knowing and intelligent Miranda waiv…
18-7829 Joe Homer Mark v. Amy Rabeau Ninth Circuit 2019-02-07 Denied Response WaivedIFP appeal appellate-review civil-procedure counsel-performance custodial-interrogation district-court fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error miranda-warning procedural-default self-incrimination standing Whether Petitioner Joe Mark's Fifth Amendment Rights were violated
18-7834 Brent William Bogseth v. Michigan Michigan 2019-02-07 Denied IFP 14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination Whether the lack of evidence to show the defendant actually committed the offense of murder means premeditation and deliberation cannot exist, or if t…
18-1013 Edward Winstead, et al. v. Anthony Johnson Seventh Circuit 2019-02-05 Denied Amici (1)Response RequestedResponse WaivedRelisted (3) accrual accrual-rules circuit-split civil-rights constitutional-violation criminal-trial due-process heck-doctrine heck-v-humphrey section-1983 self-incrimination self-incrimination-claims wallace-v-kato Whether the Seventh Circuit's holding that accrual of self-incrimination claims based on statements used at a criminal trial is deferred under Heck v.…
18-7537 Felix Ricardo Saldierna v. North Carolina North Carolina 2019-01-24 Denied Response WaivedIFP 5th-amendment due-process interrogation-rights juvenile-confession limited-english limited-english-proficiency parental-consent police-interrogation self-incrimination social-science voluntariness Whether the North Carolina Supreme Court erred in finding a juvenile confession to be voluntary
18-7429 Adam Lee Lopez v. Warren L. Montgomery, Warden Ninth Circuit 2019-01-15 Denied IFP 5th-amendment 6th-amendment coercion constitutional-rights custodial-interrogation due-process law-enforcement-interrogation miranda-rights police-interrogation self-incrimination suspect-waiver Whether officers may, when a suspect mentions a desire to wait for an attorney, follow up a reading of the Miranda warnings with soft persuasion and e…
18-7245 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony Whether the petitioner's Fifth Amendment right against self-incrimination was violated when the government presented hearsay evidence against him at t…
18-839 Pablo Colon v. Illinois Illinois 2019-01-03 Denied Response Waived constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda miranda-rights police-procedure right-to-silence self-incrimination Whether the Fifth Amendment's Miranda guarantee requires police to inform a custodial suspect of his right to stop questioning at any time?
18-7206 Christopher Thomas Kegler v. United States Ninth Circuit 2019-01-02 Denied Response WaivedIFP 4th-amendment 5th-amendment constitutional-interpretation criminal-procedure due-process evidence legal-precedent miranda-rights search-and-seizure self-incrimination supreme-court-review Should this Court reconsider and reverse Schneckloth v. Bustamente
18-772 Erasmo Aviles, Jr. v. United States Fifth Circuit 2018-12-18 Denied compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence exculpatory-testimony government-interests immunity prosecutorial-misconduct self-incrimination witness-immunity Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government's int…
18-7047 Anthony Casanova v. Michigan Michigan 2018-12-14 Denied IFP criminal-procedure custodial-confession custodial-interrogation due-process fifth-amendment interrogation involuntary-confession miranda-rights self-incrimination Did the trial court's admission of Anthony Casanova's custodial confession deprive him of his Fifth Amendment right against compelled self-incriminati…
18-698 Clement Reynolds v. Maryland Maryland 2018-11-28 Denied Response Waived 5th-amendment constitutional-rights due-process fifth-amendment impeachment miranda miranda-rights police-interrogation police-misconduct self-incrimination Was Petitioner denied Due Process and protections against self-incrimination?
18-6836 Carlos Dagoberto Rivas v. Sherman Spearman, Warden Ninth Circuit 2018-11-27 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment interrogation interrogation-waiver miranda miranda-rights self-incrimination waiver Does the State meet its burdens of showing that it clearly informed a criminal defendant of his Miranda rights and that a defendant validly waived the…
18-6653 Rolando Calderin v. Illinois Illinois 2018-11-09 Denied Response WaivedIFP appellate-court-error appellate-review constitutional-rights constitutional-violation criminal-procedure due-process inculpatory-statements miranda-rights right-to-counsel self-incrimination suppression-of-evidence trial-court-error Whether Illinois Trial Court and Appellate Court erred when it failed to suppress Petitioner's inculpatory statements that were obtained after petitio…
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6646 John Edward Davis v. Florida Florida 2018-11-08 Denied IFP autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination Whether the Florida Court of Appeals unreasonably applied this Court's precedent
18-6552 Thomas A. Woods v. Massachusetts Massachusetts 2018-11-02 Denied Response WaivedIFP compelled-testimony constitutional-rights due-process fifth-amendment fourteenth-amendment grand-jury self-incrimination self-incrimination-protection Do the Fifth and Fourteenth Amendments prohibit the government from introducing evidence of a defendant's grand jury testimony which was taken when th…
18-6304 Alex Lenard McCoy v. United States Fourth Circuit 2018-10-12 Denied Response WaivedIFP 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a p…
18-5899 Rashod Lewis v. United States Second Circuit 2018-09-05 Denied Response WaivedIFP circuit-split civil-rights criminal-procedure due-process fifth-amendment probation self-incrimination Whether a probationer can be ordered to truthfully answer questions posed by his probation officer without a caveat that he still has the right to inv…
18-5449 In Re Michael D. Smith 2018-08-06 Denied Response WaivedIFP 28-usc-2255 appeals civil-procedure confrontation criminal-procedure district-court-review double-jeopardy due-process federal-habeas habeas-corpus indictment motion-to-vacate post-conviction-relief self-incrimination sentencing speedy-trial standing Whether the petitioner's constitutional rights were violated when the district court and court of appeals denied his 28 U.S.C. § 2255 and § 2244 motio…
18-5436 Ralph Deon Taylor v. United States Ninth Circuit 2018-08-02 Denied Response WaivedIFP 2nd-circuit 3rd-circuit 9th-circuit criminal-procedure custodial-interrogation due-process evidence-confrontation fifth-amendment incriminating-response interrogation miranda-rights miranda-warning police-interrogation police-questioning self-incrimination Does confronting a suspect with the mounting evidence against him constitute interrogation under Miranda?
18-5413 Clarence D. Lewis v. Johnny Hedgemon, et al. Fifth Circuit 2018-08-01 Denied Relisted (2)IFP constitutional-law criminal-procedure due-process fifth-amendment habeas-corpus plea-bargain self-incrimination voluntary-plea Is a plea bargain voluntary or involuntary if a petitioner invokes his Fifth Amendment right against self-incrimination before the plea is induced?
18-5307 Andrew Wayne Hulen v. United States Ninth Circuit 2018-07-20 Denied Response WaivedIFP compelled-admissions constitutional-rights criminal-procedure due-process fifth-amendment garrity-v-new-jersey minnesota-v-murphy penalty-situation self-incrimination self-incrimination-clause sex-offender-treatment supervised-release Whether the Ninth Circuit's failure to analyze Petitioner's argument under the classic penalty situation addressed by this Court in Minnesota v. Murph…
18-5132 Jonathan Arn Bryant v. Florida Florida 2018-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP 14th-amendment 6th-amendment custodial-interrogation due-process fair-trial fifth-amendment fourteenth-amendment impartial-jury right-to-counsel self-incrimination self-incrimination-rights sixth-amendment voir-dire Whether the State of Florida's use of Bryant's custodial statements against him violated his Fifth, Sixth, and Fourteenth Amendment rights
18-5003 Rolando Mulet v. United States Eleventh Circuit 2018-06-28 Denied IFP 5th-amendment circuit-split constitutional-protection criminal-procedure fifth-amendment law-enforcement-questioning miranda miranda-rights pre-arrest pre-arrest-silence pre-miranda self-incrimination Whether the Fifth Amendment's Self-Incrimination Clause protects a defendant's pre-arrest, pre-Miranda silence from being used as evidence at trial