Habeas Corpus – Extradition

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7^th Circuit Court of Appeals

Case Name: Nicolas Subdiaz-Osorio v. Robert Humphreys

Case No.: 18-1061

Officials: HAMILTON, SCUDDER, and ST. EVE, Circuit Judges.

Focus: Habeas Corpus – Extradition  

Nicolas Subdiaz‐Osorio stabbed his brother to death during a drunken fight. He attempted to flee the country but was stopped in Arkansas while driving to Mexico. Officers interrogated Subdiaz‐Osorio in Arkansas and during the interview, after discussing the extradition process, Subdiaz‐Osorio asked in Spanish, “How can I do to get an attorney here because I don’t have enough to afford for one?” The state courts were tasked with deciphering what “here” meant.

The state argued that the question referred to the extradition hearing “here” in Arkansas; Subdiaz‐Osorio argued this was an unequivocal invocation of his right to the presence of counsel “here” in the interrogation room. The state trial court found, and the Wisconsin Supreme Court affirmed, that Subdiaz‐Osorio did not unequivocally invoke his Fifth Amendment right to counsel.

The only issue in this habeas corpus appeal is whether that finding was contrary to or based on an unreasonable application of established Supreme Court precedent. See 28 U.S.C. § 2254(d). Our review is deferential and because the Wisconsin Supreme Court’s finding was reasonable, we affirm the district court’s denial of Subdiaz‐Osorio’s petition for writ of habeas corpus.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.