Legal Updates Winter 2012

Written By: Reid
Jan 07, 2012
In our Legal Updates Winter 2012 column we feature cases that address the following issues:
  • "Testimony of expert regarding interrogation techniques was irrelevant."
  • Promise to keep the suspect's name out of the media will not invalidate the confession
  • Court finds the proposed testimony on false confessions does not meet the Frye test
  • Police should not destroy notes of any pre-interview interrogation
  • If properly done a polygraph examination does not have a coercive impact on a suspect's confession
  • Polygraph examiner's behavior did not render the suspect's confession involuntary
  • 13 hours between waiver and incriminating statements
  • "Incessant questioning or demands to tell the truth" do not render a confession inadmissible
  • Questioning a suspect four times over a 60-hour period of custody did not render the confession inadmissible
  • Is telling a suspect "that if he cooperated and told the truth, he would get more points off his ultimate sentence under the federal Sentencing Guidelines" a promise of leniency that nullifies the confession?
  • Leading questions which contain crime details can jeopardize the reliability of a confession
  • Failure to offer testimony of a false confession expert was insufficient reason to find trial counsel's performance deficient
  • Two and one-half hours between initial interview (and advisement of rights) and the second interview without a re-advisement did not cause the rights to "grow stale."
  • 17 hour interrogation not too long while police are still investigating the case
  • "I will tell you everything" is not an inculpatory statement
  • Is a request to talk to his mother invoking the defendant's right to remain silent?
  • Confession found inadmissible - police violated Miranda and improperly misrepresented evidence to the suspect
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