Supreme Court Report

Supreme Court of the United States · Official docket →

Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-10551 · judgment August 23, 2022


Certiorari denied · January 17, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, an Eleventh Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Whether Delgado was denied effective assistance of counsel by his counsel’s failure to file a motion to suppress his confession given in response to custodial questioning by Detective Martin, and had counsel explained that this confession was subject to suppression Delgado would have insisted on filing a motion to suppress and would not have pled guilty; Delgado would have been entitled to suppression of his confession based on his Fifth and Sixth Amendment right to counsel and right to remain silent and Miranda v. Arizona.

Counsel of record

For petitioner
William Mallory Kent
Kent & McFarland

For respondent
Kaylee Danielle Tatman
Office of the Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 17, 2023 · Certiorari denied

Proceedings

  1. Jan 17 2023
    Petition DENIED.
  2. Dec 28 2022
    DISTRIBUTED for Conference of 1/13/2023.
  3. Dec 22 2022
    Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
  4. Nov 21 2022
    Petition for a writ of certiorari filed. (Response due December 23, 2022)