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Kansas v. Swindler

Certiorari Denied

Petition for certiorari denied on January 21, 2014.

Docket No.13-52
Op. BelowKan.

Issue

(1) Whether, when law enforcement officers provide Miranda v. Arizona warnings prior to conducting a voluntary, noncustodial interview, they must cease all questioning if the interview subject subsequently expresses a desire to stop the interview, or whether the officers may continue the questioning without violating any constitutional requirements; and (2) whether, if what concededly began as a voluntary, noncustodial interview by police arguably becomes a custodial situation, the fact of "custody" alone makes any subsequently obtained confession involuntary, or must a court employ a "totality of the circumstances" analysis, with custody simply being one factor.

Proceedings & orders timeline

Jul 9, 2013
Petition for a writ of certiorari filed. (Response due August 12, 2013)
Aug 12, 2013
Waiver of right of respondent Jeffery Swindler to respond filed.
Aug 28, 2013
DISTRIBUTED for Conference of September 30, 2013.
Sep 17, 2013
Response Requested . (Due October 17, 2013)
Oct 23, 2013
Order extending time to file response to petition to and including November 18, 2013.
Nov 18, 2013
Brief of respondent Jeffery Swindler in opposition filed.
Nov 18, 2013
Motion for leave to proceed in forma pauperis filed by respondent Jeffery Swindler.
Nov 27, 2013
Reply of petitioner Kansas filed.
Dec 4, 2013
DISTRIBUTED for Conference of January 10, 2014.
Jan 13, 2014
DISTRIBUTED for Conference of January 17, 2014.
Jan 21, 2014
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 21, 2014
Petition DENIED.

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