…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…
…Bulletin. It is an excellent explanation of Maryland v. Shatzer, the Miranda decision about which I blogged here. I am still getting quite a few questions about Shatzer, the “break…
…six phones and a gun. The defendant waived Miranda and admitted his involvement in trafficking. Other drug stashes, guns, and large amounts of currency were found in the other places…
…representation thereafter (more on that below). In the U.S., although law enforcement must give arrested suspects Miranda warnings, in which officers tell defendants they have a right to a lawyer…