Legal Updates for Spring 2015

Written By: Reid
Jun 01, 2015
The Legal Updates Spring 2015 column contains cases which address the following issues:
  • Court rules that a minimal understanding of Miranda rights is sufficient to make a knowing and intelligent waiver
  • Court excludes the testimony of Dr. Deborah Davis regarding false confessions
  • Aggressive behavior does not lead to a coerced confession
  • Defendant not under arrest in his home even though his movements are monitored
  • The propriety of utilizing a suspect's family member during an interrogation
  • "[n]o arrest, no matter how lawful or objectively reasonable, gives an arresting officer or his fellow officers license to deliberately manufacture false evidence against an arrestee"
  • Confession voluntariness - a case study
  • Prosecutor inserts false confession in police interrogation transcript
  • Failure to call expert witness to testify about false confessions was not basis for finding of ineffective counsel
  • Statements inadmissible because the investigator advised defendant he would protect him from going to jail
  • Court admits the confession the defendant made to the victim's mother in a child abuse case
  • Value of video to help determine if schizophrenia caused "unknowing or involuntary" responses
  • "I just as soon wait until I get a public defendant or whatever" ruled an unequivocal invocation of request for an attorney
  • Intoxication (methamphetamine ice, cocaine and beer) did not render incriminating statements inadmissible: value of video
  • Lying to a suspect and "playing on his emotions" does not render the confession inadmissible
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