Legal Updates Summer 2018

Written By: Reid
Aug 16, 2018

The Legal Updates Summer 2018 column contains cases which address the following issues

  • Interrogation 5 hours after initial advisement of rights was �reasonably contemporaneous� with the initial waiver
  • Value of video recording in contradicting defendant�s claims: three cases
  • Court rules that confession was the result of coercive statements to the defendant
  • Court rules confession should have been suppressed: lack of Miranda advisement and promises of leniency
  • Interrogation room and seating arrangement as a consideration in assessing the voluntary nature of the confession: two cases
  • Elements of a false confession
  • Failure to call false confession expert is not suggestive of ineffective counsel: two cases
  • Misrepresentations of evidence by police, although a relevant factor, do not render an otherwise voluntary confession inadmissible
  • Detailed analysis of criteria to determine juvenile waiver of rights