Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Howes v. Fields

Docket No. Op. Below Argument Opinion Vote Author Term
10-680 6th Cir. Oct 4, 2011
Tr.Aud.
Feb 21, 2012 6-3 Alito OT 2011

Holding: The Sixth Circuit’s categorical rule – that an interrogation is per se custodial, for purposes of Miranda v. Arizona, when a prisoner is questioned in private about events occurring outside the prison – is not clearly established by Supreme Court precedent. And by a vote of six to three, the Court held that the Sixth Circuit’s rule is also wrong.

Judgment: Reversed, 6-3, in an opinion by Justice Alito on February 21, 2012. Justice Ginsburg filed an opinion concurring in part and dissenting in part, which Justices Breyer and Sotomayor joined.

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Briefs and Documents

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Merits Briefs for the Respondent

Amicus Briefs in Support of the Respondent

 

Certiorari-stage documents

 
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