Legal Updates for Summer 2015

Written By: Reid
Aug 01, 2015
The Legal Updates Summer 2015 column contains cases which address the following issues:
  • Court admonishes investigator for not following Reid guidelines
  • Value of video recording interrogation to determine competency to waive rights
  • 10-year-old can make voluntary waiver of rights and can understand the wrongfulness of his acts
  • The effectiveness of an anticipatory invocation of the Miranda-based right to counsel
  • Court rejects claim that as a foreign student defendant did not understand the Miranda rights
  • Court does not allow Dr. Craig Haney to testify about false confessions
  • Military court upholds denial of request for false confession expert assistance
  • Competency and the value of video recording the interrogation
  • What constitutes interrogation?
  • Human Lie Detector testimony inadmissible
  • Confession found inadmissible due to promise of no jail and help finding shelter for defendant and her children to live
  • Testimony regarding threat of deportation of family members should have been admitted; could cause a coerced confession
  • Failure to record the interrogation was a violation of Wisconsin law, but harmless error
  • The application of the Garibay test to determine confession admissibility from a non-native English speaker
  • Testimony by the investigator that the defendant's answers during a police interview were evasive was acceptable
  • Testimony of Dr. James Walker re false confession was not persuasive
  • An 'implicit waiver' of the 'right to remain silent' is sufficient to admit a suspect's statement into evidence
  • The defendant's claim that he could not read the Miranda waiver form because he did not have his glasses was disproved by the video of the interrogation
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