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 rightsRead More »
October 31, 2017 Comments Off on Louisiana denies certiorari over dog v. dawg
November 24, 2015 Comments Off on 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.Read More »
August 15, 2014 Comments Off on Pre-Miranda silence can be used against suspect
October 20, 2013 Comments Off on Joe Surkiewicz: PJC leads effort for civil right to counsel
June 20, 2013 Comments Off on 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.Read More »
April 17, 2013 Comments Off on 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” ...Read More »
April 6, 2012 Comments Off on 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 ...Read More »
April 1, 2012 Comments Off on 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. ...Read More »
March 18, 2012 Comments Off on 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 ...Read More »
December 27, 2011 Comments Off on Judge refuses plea by accused killer to toss statements
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 ...Read More »
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