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Michigan v. Darren Donell Fenderson

Paid petition · Supreme Court of Michigan, No. 167391 · judgment July 14, 2026


4%
estimated cert probability
(petition-stage, structural)

Roughly the 4.1% base rate. The model weights this up for a petition filed soon after the judgment below and a petition citing three to ten dissents.

Question presented

I. Edwards v. Arizona is an anti-badgering rule of the Court and “not a constitutional command,” Maryland v. Shatzer, as none of the prophylactic Miranda warnings are constitutional rules. Vega v. Tekoh. A violation of Edwards is thus not itself a violation of the Fifth Amendment. The question presented is: Whether this Court should reconsider the rule of Edwards that there is an irrebuttable presumption of involuntariness of a waiver of the prophylactic Miranda counsel warning once asserted unless the accused initiates the discussion, so that any statement obtained consistent with the Fifth Amendment—a voluntary one—is admissible? -i-

Case

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

Conference history
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Proceedings

  1. Sep 21 2026
    Petition for a writ of certiorari filed. (Response due October 26, 2026)