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Albert Jones v. California

Paid petition · Court of Appeal of California, First Appellate District, No. A164421 · judgment September 28, 2023


Certiorari denied · May 13, 2024
Pre-decision estimate: 0% cert probability

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

Question presented

Do the protections of Doyle v. Ohio, 426 U.S. 610 (1976)—which prohibit a prosecutor on commenting on a defendant’s post-Miranda warning invocation of silence—apply when a defendant selectively invokes his right to remain silent as to certain topics, but freely answers questions on other topics?

Counsel of record

For petitioner
Hanni M. Fakhoury
Moeel Lah Fakhoury LLP

For respondent
David M. Baskind
California Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2024
    Petition DENIED.
  2. Apr 17 2024
    DISTRIBUTED for Conference of 5/9/2024.
  3. Apr 10 2024
    Waiver of right of respondent State of California to respond filed.
  4. Mar 12 2024
    Petition for a writ of certiorari filed. (Response due May 10, 2024)