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Valenzuela v. Cliett

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Petition for certiorari denied on May 20, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-773 9th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether, when a custodial suspect upon Miranda advice literally states that he chooses to remain silent, “clearly established Federal law” both (1) prohibits a state court from considering objective circumstances suggesting that the suspect did not intend to invoke his right; and (2) precludes the police from briefly asking the suspect to confirm his intent, so long as they commence any interrogation only after the suspect then explicitly agrees to talk.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 20 2012Petition for a writ of certiorari filed. (Response due January 28, 2013)
Jan 15 2013Order extending time to file response to petition to and including March 29, 2013.
Mar 25 2013Brief of respondent Ian Cliett in opposition filed.
Mar 25 2013Motion for leave to proceed in forma pauperis filed by respondent Ian Cliett.
Apr 9 2013Reply of petitioner Elvin Valenzuela, Acting Warden filed.
Apr 10 2013DISTRIBUTED for Conference of April 26, 2013.
Apr 29 2013DISTRIBUTED for Conference of May 9, 2013.
May 13 2013DISTRIBUTED for Conference of May 16, 2013.
May 20 2013Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
May 20 2013Petition DENIED.