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Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule

Loaded on Jan. 17, 2019 by Chad Marks published in Criminal Legal News February, 2019, page 8
Filed under: Misconduct/Corruption, Police Misconduct, Fifth Amendment. Locations: Pennsylvania, United States of America.

by Chad Marks

The Supreme Court of Pennsylvania ruled that a police officer’s continued interrogation after the accused told the interrogator he was done talking violated his Fifth Amendment right to remain silent, requiring suppression of both his confession and derivative physical evidence.

On August 7, 2015, Joshua Michael Lukach ...

 

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  1. News in Brief
  2. Race-Based Arrests Rampant in San Francisco, by Kevin Bliss
  3. Tracking the Prevalence of Police Crime, by David Reutter
  4. Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen, by Kevin Bliss
  5. Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
  6. $225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case, by Derek Gilna
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  8. Illinois Law on Informants Designed to Avoid Wrongful Convictions, by Betty Nelander
  9. ‘Innocent Man Almost Executed’ Freed After Decade on Death Row, by Betty Nelander
  10. Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions, by Betty Nelander
  11. Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement, by Kevin Bliss
  12. Juror Bias Often Triggered by Severity of Crime Charged, by Edward Lyon
  13. Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance, by Derek Gilna
  14. Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns, by Virginia Griese
  15. Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution, by Virginia Griese
  16. ‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back, by Edward Lyon
  17. Montana Supreme Court: Retrial Following Mistrial Declared Without 
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  18. U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators, by Derek Gilna
  19. DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys, by Derek Gilna
  20. Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution, by Chad Marks
  21. Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial, by Chad Marks
  22. Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge, by Chad Marks
  23. Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense, by Christopher Zoukis
  24. Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction, by David Reutter
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  26. California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation, by Douglas Ankney
  27. Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry, by Douglas Ankney
  28. Report: Bitemark Analysis Debunked as Pseudoscience, by Richard Resch
  29. Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute, by Derek Gilna
  30. Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion, by Dale Chappell
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  45. Habeas Hints: SCOTUS Review 2017-18, by Tara Hoveland, Kent Russell
  46. Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule, by Chad Marks
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