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South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential
Loaded on July 15, 2024
by Sam Rutherford
published in Criminal Legal News
July, 2024, page 32
Filed under:
Voluntary Nature/Voluntariness.
Location:
South Carolina.
by Sam Rutherford
The Supreme Court of South Carolina held that a defendant’s confession was involuntary in violation of due process where the interrogating officer provided Miranda warnings but then assured the defendant that his statements would be confidential. This error, moreover, was not harmless because the defendant’s confession ...
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More from these topics:
- Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024. Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, March 15, 2024. Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness.
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, Feb. 15, 2024. Juvenile Offenses/Offenders, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, Feb. 15, 2024. Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression, Jan. 15, 2022. Motions To Suppress, Voluntary Nature/Voluntariness.
- Brown v. Illinois, No. 73-6650 (U.S. Supreme Court) (422 U.S. 590; 95 S.Ct. 2254) (June 26, 1975) (Justice Blackmun), Sept. 17, 2004. Punch And Jurists, Voluntary Nature/Voluntariness.
- Lego v. Twomey, No. 70-5037 (U.S. Supreme Court) (404 U.S. 477; 92 S.Ct. 619) (January 12, 1972) (Justice White), Dec. 9, 2003. Punch And Jurists, Voluntary Nature/Voluntariness.
- Gallegos v. Colorado, No. 475 (U.S. Supreme Court) (370 U.S. 49; 82 S.Ct. 1209) (June 4, 2062) (Justice Douglas), Oct. 30, 2002. Punch And Jurists, Voluntary Nature/Voluntariness.
- Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart), Aug. 7, 2002. Punch And Jurists, Voluntary Nature/Voluntariness.
- Jackson v. Denno, No. 62 (U.S. Supreme Court) (378 U.S. 368; 84 S.Ct. 1774) (June 22, 2064) (Justice White), July 19, 2002. Punch And Jurists, Voluntary Nature/Voluntariness.
