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Article • May 15, 2024 • from CLN May, 2024
First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that a defendant’s statement in response to Miranda warnings that “I guess my best …
The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents by David Reutter by David M. Reutter False confessions are a problem as old as policing. The Supreme Court of the United States (“SCOTUS”) promulgated rules in 1966 with its holding in Miranda v. Arizona, 384 U.S. …
Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …
Article • May 15, 2023 • from CLN June, 2023
Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho held that a confession obtained in violation of Miranda …
Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota announced that Minn. Stat. § 634.03 (2020) requires a defendant’s confession to be corroborated by independent evidence reasonably …
Article • March 15, 2022 • from CLN April, 2022
Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts …
Article • December 15, 2021 • from CLN January, 2022
North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative …
Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt by Dale Chappell by Dale Chappell In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit held that an accused’s admissions during a pretrial services (“PTS”) interview for bail are confidential and cannot …
Article • June 15, 2020 • from CLN July, 2020
Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit ruled that it is impermissible to admit a statement made by the defendant …