Skip navigation

Search

8 results
Article • December 15, 2024 • from CLN January, 2025
Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination by Sam Rutherford by Sam Rutherford The Supreme Court of Kansas held that a defendant’s privilege against compelled self-incrimination concerning his alleged criminal …
Article • September 15, 2020 • from CLN October, 2020
New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire held that N.H.R. Crim. P. 14(b)(2)(A) does not allow trial courts to require that defendants identify evidentiary support for a noticed defense. Michael …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Self Incrimination
In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination by Douglas Ankney By Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that compelling a suspect to …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Self Incrimination
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • May 15, 2019 • from CLN June, 2019
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the …