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Article • July 15, 2024 • from CLN July, 2024
Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit reversed the U.S. District Court for the Southern District …
Article • June 15, 2024 • from CLN June, 2024
Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements by Anthony Accurso by Anthony W. Accurso   The Supreme Court of Oregon suppressed statements made by a defendant on probation to police who interrupted a meeting between …
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 …
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. …
Brief • August 18, 2023
Filed under: Interrogation
USA v. Al-Nashiri, Cuba, Motion to Suppress Custodial Statements, InterrogationTechniques, 2023 M IL ITARY -COMM IS...~IONS TRIA l .. J1Jll1C [ARY GUA TANAt'tlU BAY,. CURA. AE 46 ;CCC l 1t'flTED STATI.S OF AMEWCA ABD AL RAHM HllSSAYN RI LrNG Defense M.o'tio tto S 1J p ·· es.s Cusrod i..fu e …
Article • May 17, 2023
Indiana Passes Law Prohibiting Police From Lying to Juveniles During Interrogation to Help Prevent False Confessions by Miles Dyson by Miles Dyson Indiana lawmakers have passed a new law that prohibits law enforcement from lying to juveniles during interrogations. The law, which was signed by Gov. Eric Holcomb on May …
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 …
Article • May 1, 2022 • from CLN May, 2022
California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda by Richard Resch The Court of Appeal of California, Sixth Appellate District, held the trial court erred by admitting incriminating post-Miranda statements obtained through the use of pre-Miranda statements in a deliberate …
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 …
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 …