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Article • December 15, 2021 • from CLN January, 2022
California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home by Douglas Ankney by Douglas Ankney The California Court of Appeal, First Appellate District, ruled that the coercive atmosphere created by police during a prearrest interview of a …
Article • June 15, 2021 • from CLN July, 2021
Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the issue of whether an accused person’s waiver of his Miranda rights was knowing and …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel by Douglas Ankney by Douglas Ankney The Supreme Court of California reversed the murder conviction and death sentence of Paul Nathan Henderson because the police continued to question him after he made …
Article • October 15, 2020 • from CLN November, 2020
Interrogation Via Zoom: Policing in the Age of COVID by Jayson Hawkins by Jayson Hawkins The proliferation of police procedurals over the past few decades has made virtually everyone who owns a TV familiar with the climactic scene in the interrogation room – detectives trap a suspect in a lie …
Article • September 15, 2020 • from CLN October, 2020
Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers by David Reutter by David M. Reutter The Maryland Court of Appeals ruled that in giving advice of rights police officers must use methods that reasonably convey the warnings and rights contained in Maryland’s …
Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that Shane Thomas Young’s confession was involuntary because, under the …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that showing a video to the jury of a defendant declining an officer’s request to reenact the crime violated …
Article • July 15, 2020 • from CLN August, 2020
Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes by Douglas Ankney by Douglas Ankney The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was …
Article • June 15, 2020 • from CLN July, 2020
New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire affirmed a superior court’s decision suppressing the initial incriminating statements made by Dominic Carrier because police violated the …
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