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Demetrius Jackson v. Ohio

Paid petition · Court of Appeals of Ohio, Cuyahoga County, No. 103957 · judgment August 30, 2018


Certiorari denied · May 20, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Where the victim of a crime is a child, a Child Protective Services (“CPS”) caseworker employed by the state normally investigates the incident in close cooperation with the police. The caseworker is typically required by law to share any information obtained during her investigation with the police and the prosecutor. During these investigations, caseworkers routinely interrogate arrested suspects and convey incriminating information to the police. These interrogations are exactly like interrogations conducted by the police, with the single exception that the interrogator is a CPS caseworker rather than a police officer. The Questions Presented are: I. Whether an interrogation that would violate the Fifth Amendment if conducted by a police officer also violates the Fifth Amendment if conducted by a state-employed CPS caseworker, where the caseworker is required by law to share information obtained in the interrogation with the police and the prosecutor. II. Whether an interrogation that would violate the Sixth Amendment if conducted by a police officer also violates the Sixth Amendment if conducted by a state-employed CPS caseworker, where the caseworker is required by law to share information obtained in the interrogation with the police and the prosecutor.

Counsel of record

For petitioner
Stuart Banner
UCLA School of Law Supreme Court Clinic

For respondent
Anthony Thomas Miranda
The Cuyahoga County Prosecutor's Office

Case

Conference history
Distributed for 1 conference

Linked docket
18A672

Proceedings

  1. May 20 2019
    Petition DENIED.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Apr 26 2019
    Reply of petitioner Demetrius Jackson filed. (Distributed)
  4. Apr 17 2019
    Brief of respondent Ohio in opposition filed.
  5. Mar 21 2019
    Petition for a writ of certiorari filed. (Response due April 24, 2019)
  6. Jan 02 2019
    Application (18A672) granted by Justice Sotomayor extending the time to file until March 21, 2019.
  7. Dec 19 2018
    Application (18A672) to extend the time to file a petition for a writ of certiorari from February 19, 2019 to March 21, 2019, submitted to Justice Sotomayor.