Legal Updates Fall 2014

Written By: Reid
Dec 03, 2014
The Legal Updates Fall 2014 column contains cases which address the following issues:
  • Court allows surreptitious video recording of incriminating statement into evidence
  • Court rules that Dr. Shawn Roberson would not be allowed to testify on false confession issues at trial
  • Counsel's failure to retain expert witness on false confessions was matter of reasonable trial strategy
  • Social Security Fraud
  • Failure to develop and present expert testimony on false confession issues is does not indicate ineffective counsel (value of video taping interrogation)
  • Value of video recording to demonstrate confession voluntariness
  • Court rejects testimony of forensic psychiatrist that defendant fits the profile of someone who would be susceptible to giving a false confession
  • Police are not required to give Miranda advisement of persons they suspect or question, even in a police station, absent custody
  • Court rejects the suggestion that a loss of visitation rights was coercive
  • Juvenile interrogation - confession volutariness issues
  • Repeated implied promises of leniency nullify confession admissibility
  • Defendant who scored 53 on IQ test can give a knowing and intelligent waiver of his rights
  • Court finds confession was result of coercive police interrogation - the importance of using extreme care when questioning an individual with limited mental capacity
  • Confession voluntariness and the exclusion of clinical psychologist at guilt phase (value of video recording)
  • Pre-arrest silence cannot be used as substantive evidence of guilt
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