…age of a suspect when determining whether the suspect is in custody for Miranda purposes. Assistant Appellate Defender Barbara Blackman argued the case for the juvenile petitioner, and Attorney General…
…that the determination of whether or not a juvenile is in custody for the purposes of triggering the need for Miranda warnings must be based on whether a reasonable child…
…one holding that a failure to read a suspect his or her Miranda rights can’t support a section 1983 lawsuit and a case about the proper means by which a…
…argued that Melendez-Diaz is an extension of Crawford. Crawford dealt with the testimonial nature of statements by a suspect to the police at a station house after Miranda warnings had…
…State v. Pearson, 348 N.C. 272 (1988). Unlike the Miranda context, where the rule is that an ambiguous assertion of a suspect’s right to counsel does not require an officer…
In connection with some teaching that I have coming up, I’ve prepared a short outline summarizing the law of interrogation. It’s available as a PDF here. It covers voluntariness, Miranda,…
…outcome of his trial. Slip op. at 6 (cleaned up). There was a dispute about whether the petitioner had been in custody for purposes of Miranda at the time of…
…recent stories that may be of interest: 1. My colleague Bob Farb has written an excellent summary and analysis of Berghuis v. Thompkins, the Supreme Court’s recent Miranda case that…
It was a busy week at the U.S. Supreme Court. Among other things, the Justices issued the two Miranda opinions Jeff wrote about yesterday and heard oral argument in two…
…Fifth Amendment/Miranda right to counsel (because they weren’t in custody) nor a Sixth Amendment right to counsel (because the right hadn’t attached yet). After Rothgery, such defendants have a Sixth…
