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Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premise...
Article • April 15, 2025 • from CLN May, 2025
Filed under: Premises Liability, Witnesses - Prior Statements/Testimony, Felony Drug Offense, Confessions and Statements of Defendant
Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises by David Reutter by David M. Reutter The United States Court of Appeals for the Fifth Circuit held that the U.S. District Court …
From the Editor Everything You Always Wanted to Know About Holdings and Dicta*
Article • March 15, 2025 • from CLN April, 2025
Filed under: Editorials, False Statements, Testimony or Documents, Confessions and Statements of Defendant
From the Editor Everything You Always Wanted to Know About Holdings and Dicta* by Richard Resch *But Were Afraid to Ask by Richard Resch As Andrew v. White, 220 L. Ed. 2d 340 (2025) (per curiam), illustrates, even highly accomplished legal professionals at the pinnacle of the profession can find …
South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential
Article • July 15, 2024 • from CLN July, 2024
Filed under: Voluntary Nature/Voluntariness
South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential by Sam Rutherford 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 …
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
Article • June 15, 2024 • from CLN June, 2024
Filed under: Confessions and Statements of Defendant, Voluntary Nature/Voluntariness
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 by Douglas Ankney by Douglas Ankney   The Supreme Court of Kansas clarified the framework to be used for determining whether a confession was …
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?’
Article • March 15, 2024 • from CLN March, 2024
Filed under: Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, 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?’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda …
Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries
Article • March 15, 2024 • from CLN March, 2024
Filed under: Commentary/Reviews, False Confessions, Confessions and Statements of Defendant
Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries by David Reutter by David M. Reutter Research via use of surveys and mock juries leave unexplained the “possible explanations for the often-found lack of adjustment for interrogation tactics reflected …
Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible
Article • February 15, 2024 • from CLN February, 2024
Filed under: Juvenile Offenses/Offenders, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness
Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that Joshua Lamar-James Stewart’s age and his health, along with the timing of the police interrogation and the officers’ tactics that included promises of leniency, racial slurs, a combative tone, …
The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents
Article • February 15, 2024 • from CLN February, 2024
Filed under: Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness
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
Article • January 15, 2024 • from CLN January, 2024
Filed under: Informants, Post-Arrest Statements, Informants and Paid Witnesses, Confessions - Admissibility, Police Interrogations, Custodial Interrogations, Confessions and Statements of Defendant
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 …
Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule
Article • May 1, 2022 • from CLN May, 2022
Filed under: Impeachment Evidence/Purposes, Confessions and Statements of Defendant
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 …
Oregon Bans Police Lying to Obtain Confessions from Juveniles
Article • March 15, 2022 • from CLN April, 2022
Filed under: Police Misconduct, Juvenile Offenses/Offenders, Confessions and Statements of Defendant
Oregon Bans Police Lying to Obtain Confessions from Juveniles by Jacob Barrett by Jacob Barrett On May 24, 2021 the Oregon Legis­lature passed SB 418 banning police from lying to juveniles in order to obtain a confession during interrogations. The bill is part of a number of youth reform measures …
Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense
Article • February 15, 2022 • from CLN March, 2022
Filed under: Jury Instructions, Confessions and Statements of Defendant
Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that Marvin Rodriguez satisfied the requirements of confession and avoidance. The TCCA also instructed …
Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression
Article • January 15, 2022 • from CLN February, 2022
Filed under: Motions To Suppress, Voluntary Nature/Voluntariness
Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas upheld the decision of a lower court to suppress a defendant’s surreptitiously recorded statements on the ground that it was …
Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC
Article • June 15, 2021 • from CLN July, 2021
Filed under: Per se ineffectiveness, Confessions and Statements of Defendant
Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC by Dale Chappell by Dale Chappell Concluding that counsel’s trial strategy of introducing a child victim’s interview with police “extremely damaging” to the defense, the Supreme Judicial Court of Maine ruled that …
Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary
Article • June 15, 2021 • from CLN July, 2021
Filed under: Miranda, Confessions and Statements of Defendant
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 …
The Case for the Abolition of Criminal Confessions, 2020
Publication • 2020
Filed under: Confessions and Statements of Defendant
The Case for the Abolition of Criminal Confessions, 2020 THE CASE FOR THE ABOLITION OF CRIMINAL CONFESSIONS Guha Krishnamurthi* Confessions are often considered the “gold standard” of evidence in criminal proceedings. But in truth, confession evidence imposes significant harms on our criminal justice system, through false convictions and other violations …