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Adrean L. Smith v. Gary A. Boughton, Warden

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-2192 · judgment August 4, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether a habeas petitioner “fairly presents” the “substance” of his federal claim in state court by identifying the relevant facts and the relevant constitutional guarantee, regardless of whether his state-court briefs cited the exact same precedents that he invoked in federal court.

  2. Whether Connecticut v. Barrett, 479 U.S. 523 (1987), which held that invocations of Miranda rights must be construed broadly, requires police to stop questioning a suspect who invokes his Fifth Amendment rights by repeatedly stating, “I don’t want to talk” and “I don’t want to talk about this,” even if the invocation is arguably ambiguous in scope.

Counsel of record

For petitioner
Kelly Colleen Holt
Jones Day

For respondent
Jacob J. Wittwer

Case

Conference history
Distributed for 1 conference

Linked docket
22A333

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 18 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 03 2023
    Waiver of right of respondent Gary A. Boughton, Warden to respond filed.
  4. Dec 02 2022
    Petition for a writ of certiorari filed. (Response due January 5, 2023)
  5. Oct 20 2022
    Application (22A333) granted by Justice Barrett extending the time to file until December 2, 2022.
  6. Oct 18 2022
    Application (22A333) to extend the time to file a petition for a writ of certiorari from November 2, 2022 to December 2, 2022, submitted to Justice Barrett.