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Adalberto Frickson Palacios-Solis v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-14294 · judgment January 30, 2020

Certiorari denied · June 29, 2020

Pre-decision estimate: 12% cert probability (95% interval 8%–18%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether the prosecution violates the Fifth Amendment’s Self-Incrimination Clause when it uses a criminal defendant’s post-arrest, pre-Miranda silence as evidence of guilt in its case-in-chief.

Counsel of record

For petitioner
Vincent Gregory Levy
Holwell Shuster & Goldberg, LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 29 2020
Petition DENIED.
Jun 10 2020
Reply of petitioner Adalberto Palacios-Solis filed. (Distributed)
Jun 09 2020
DISTRIBUTED for Conference of 6/25/2020.
Jun 08 2020
Brief of respondent United States in opposition filed. (Distributed)
May 29 2020
Motion to extend the time to file a response is granted and the time is further extended to and including June 8, 2020.
May 29 2020
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
May 28 2020
Motion to extend the time to file a response from June 3, 2020 to June 8, 2020, submitted to The Clerk.
May 04 2020
Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020.
May 01 2020
Motion to extend the time to file a response from May 4, 2020 to June 3, 2020, submitted to The Clerk.
Mar 31 2020
Petition for a writ of certiorari filed. (Response due May 4, 2020)