Maryland Daily Record Maryland's trusted source for business and legal news
At issue is whether the familiar Miranda warning is a constitutional right or has a lesser and less-defined status.
Tagged with: Miranda rights Supreme Court
Read More »Supreme Court hears case over deputy who didn’t read Miranda rights
Louisiana denies certiorari over dog v. dawg
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 »Md. Court of Appeals will hear accused double-murderer’s appeal
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 »Pre-Miranda silence can be used against suspect
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 »Joe Surkiewicz: PJC leads effort for civil right to counsel
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 »Supreme Court’s ‘Miranda’ ruling leaves lawyers guessing
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 »Justices seem troubled by use of pre-Miranda silence
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 »Lawyers: Throw out Fort Hood bomb plot confession
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 »Opinions – 4/2/12: Maryland Court of Appeals
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 »Continuing conversation voids first-degree murder conviction
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
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