A recent Louisiana Supreme Court decision is doggone crazy and highlights the importance of identifying homonyms, comma usage -- and basic common sense.
Tagged with: Miranda rights
Read More »October 31, 2017 Leave a comment
A recent Louisiana Supreme Court decision is doggone crazy and highlights the importance of identifying homonyms, comma usage -- and basic common sense.
Tagged with: Miranda rights
Read More »November 24, 2015 Leave a comment
In a case involving an accused double murderer, Maryland’s top court will consider how much deference appellate courts owe to a judge’s finding that evidence was collected in violation of a criminal defendant’s constitutional rights.
Tagged with: appellate litigation crime Miranda rights murder
Read More »August 15, 2014 Leave a comment
The California Supreme Court has ruled that the silence of suspects can be used against them.
Tagged with: criminal procedure legal news Miranda rights
Read More »October 20, 2013 Leave a comment
Thanks to TV shows that regularly feature cops reading Miranda rights to suspects, many — maybe most — Americans are under the impression that you always have a right to a lawyer.
Tagged with: breaking news Joe Surkiewicz Law legal commentary maryland Miranda rights
Read More »June 20, 2013 Leave a comment
The U.S. Supreme Court’s splintered ruling allowing a witness’ pre-arrest silence to be introduced at trial — its latest decision carving out more of the contours of defendants’ well-known right to remain silent — seemed at first blush to be a devastating blow to defense attorneys and their clients.
Tagged with: fifth amendment lawyers usa Miranda rights ruling Supreme Court united states
Read More »April 17, 2013 Leave a comment
WASHINGTON — The Supreme Court appeared to worry Wednesday about letting a prosecutor use pre-Miranda silence against a suspect in court, with some justices calling the idea of a jury considering a person’s refusal to answer incriminating questions “scary,” ‘‘radical” ...
Tagged with: Law legal news Miranda rights Supreme Court trial
Read More »April 6, 2012 Leave a comment
KILLEEN, Texas — Attorneys for a soldier accused of planning to bomb a restaurant filled with Fort Hood troops want his confession thrown out. Army Pfc. Naser Jason Abdo’s attorneys filed motions Thursday in federal court in Waco. One seeks ...
Tagged with: bomb plot charges confession federal court fort hood lawyers Miranda rights
Read More »April 1, 2012 Leave a comment
Criminal Procedure Interrogation after invocation of Miranda rights BOTTOM LINE: The conversation that ensued after defendant’s invocation of his right to an attorney constituted an impermissible custodial interrogation and, therefore, defendant’s inculpatory statements should have been suppressed. CASE: Phillips v. ...
Tagged with: criminal procedure Disbarment maryland maryland court of appeals Miranda rights opinions professional responsibility
Read More »March 18, 2012 Leave a comment
Maryland’s top court has overturned a first-degree murder conviction because a sheriff’s lieutenant kept talking to the suspect after he said he wanted a lawyer. The lieutenant continued to talk to Charles Robert Phillips for five to 10 minutes, telling ...
Tagged with: conviction first-degree murder maryland maryland court of appeals Miranda rights sheriff
Read More »December 27, 2011 Leave a comment
OAKLAND — Statements by a murder suspect to police when questioned about the killing of a young couple at a hobo camp are admissible at trial, a judge ruled on Tuesday. A lawyer for Jeffrey C. Minnick had argued that ...
Tagged with: accident crime Miranda rights murder oakland police suspect
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