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Article • July 15, 2024 • from CLN July, 2024
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 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?’ 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 …
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 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 • February 9, 2024
Wall v. Rasnick, VA, Plaintiff's Response to Dft's Objections to Ruling on Motion for Sanctions, Spoliation of Video Evidence, 2024 Case 7:17-cv-00385-JPJ-PMS Document 169 Filed 02/09/24 Page 1 of 26 Pageid#: 2570 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, Plaintiff, CASE …
Brief • January 26, 2024
Wall v. Rasnick, VA, Plaintiff's Objection to Order and Memo Opinio Regarding Spoilation Sanctions, Spoliation of Video Evidence, 2024 Case 7:17-cv-00385-JPJ-PMS Document 163 Filed 01/26/24 Page 1 of 39 Pageid#: 2493 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, Plaintiff, CASE NO. …
Brief • October 11, 2022
Wall v. Rasnick, VA, Plaintiff's Request for Live Evidentiary Hearing and Brief in Support of Discovery Sanctions, Spoliation of Video Evidence, 2022 Case 7:17-cv-00385-JPJ-PMS Document 141 Filed 10/11/22 Page 1 of 34 Pageid#: 1626 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, …
Brief • July 25, 2022
Wall v. Rasnick, VA, Opinion, Spoliation of Video Evidence, 2022 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-6553 GARY WALL, Plaintiff - Appellant, v. E. RASNICK, Correctional Officer of R.O.S.P.; J. HICKS, Correctional Officer of R.O.S.P.; E. HESS, Correctional Officer of R.O.S.P.; C. HOLBROOK, Correctional Officer …
Article • January 15, 2022 • from CLN February, 2022
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 …
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 …