Case Status

1 result

FELLERS, JOHN J. v. UNITED STATES (37226)

    Order dated: 03/10/03
    Docket number: 02-6320
    Action:
        The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.

A description of the questions presented by the case has been prepared:

I. Did the Court of Appeals err when they concluded that Petitioner's Sixth Amendment right to counsel under Massih v. United States, 377 U.S. 201 (1964), was not violated because Petitioner was not interrogated by Government agents; when the proper standard under Supreme Court precedent, is whether the Government agents deliberately elicited information from Petitioner? 2. Should the second statements- preceded by Miranda warnings- have been suppressed as fruits of the illegal posts indictment interview without the presence of counsel, under this Court;s decisions in Nix v. Williams, 467 U.S. 431 (1984), and Brown v. Illinois, 422 U.S. 590 (1975)?

An opinion has been handed down: