The Legal Updates Winter 2016

Written By: Reid
Mar 29, 2016
The Legal Updates Winter 2016 column contains cases which address the following issues:
  • California Supreme Court upholds rejection of Dr. Richard Leo testimony
  • The value of videotaping the interrogation in disputing intoxication claim
  • Confession voluntariness: ambiguous invocation of right to remain silent and rejection of claim of coercive police tactics; rejection of exhaustion claims
  • Court upholds suppression of incriminating statements because Detective read Miranda rights in a "garbled' manner
  • Investigator's pre-Miranda statement rendered the subsequent waiver coerced and involuntary
  • Military Appeals Court upholds decision to deny defendant's request for assistance of expert in coercive interrogation techniques
  • Intrinsic falsehoods do not create a coerced confession
  • Ambiguous invocation of right to remain silent; and, police officer's implication that defendant might see the outside again if he confessed to a robbery gone bad instead of a premeditated murder was not an inducement rendering his confession involuntary
  • Expert should have been allowed to testify on the factors influencing the reliability of the defendant's confession
  • The statement "[i]f I am under arrest, take me to my bunk; all these questions, we can just skip them because I want to go to court" was an unambiguous invocation of his right to remain silent
  • Value of videotaping interrogation to demonstrate defendant's demeanor; lying about DNA evidence not coercive
  • South Dakota adopts the "trustworthiness" standard to determine whether admissions are admissible and sufficient to support a conviction in criminal cases
  • Threat of being raped in jail contributed to a coerced confession
  • Defendant's statement that he had a personal lawyer and that "[C]an we get him down here now, or ...?" was not an unambiguous request for a lawyer
  • Reference to the possible prosecution of his son did not render the confession inadmissible
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