Legal Updates for Winter 2015

Written By: Reid
Mar 18, 2015
The Legal Updates Winter 2015 column contains cases which address the following issues:
  • Court did not allow David Mantell to testify as an expert on false confessions
  • Defendant was not denied effective assistance due to trial counsel's failure to develop and present expert witness testimony concerning claimed involuntariness of his confession
  • Defendant was not denied effective assistance due to trial counsel's failure to develop and present expert witness testimony concerning claimed involuntariness of his confession
  • Court finds expert testimony regarding false confession phenomenon was not admissible
  • Violation of Garrity rule nullifies admissibility of incriminating statement
  • The importance of accurate translations by the interpreter - erroneously suggesting a lesser punishment if defendant confessed
  • Defendant should have been advised on his rights before questioning in the pat-down room
  • Investigator's statement that it was time for the defendant to "come to Jesus" was not a coercive statement
  • Court excludes the testimony of Dr. Jorey Krawczyn on false confession issues
  • Use of a psychologically-oriented techniques during questioning is not inherently coercive; request to have his mother in the room was not an assertion of his right to remain silent
  • Investigators failed to honor the defendant's invocation of his right to silence
  • Videotaped interrogation admissible even though investigator repeatedly accused defendant of lying
  • Suggesting to the defendant that the stabbing death was self-defense does not render the confession involuntary
  • Employing deceptive practices to elicit a confession are not coercive
  • 13-year olds statement "Could I have an attorney? Because that's not me" Was an Unequivocal and Unambiguous Invocation of his Rights
  • Preamble to the advisement of rights undermined the subsequent Miranda advisement
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