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Article • March 2, 2012
Miranda v. Arizona, No. 759 (U.S. Supreme Court) (384 U.S. 436; 86 S.Ct. 1602) (June 13, 2066) (Justice Warren) by In this case the Court announced a new analytical approach under the Self-Incrimination Clause of the Fifth Amendment in cases involving custodial interrogations. After noting that the advent of modern …
Article • December 1, 2011
Wood v. Ercole, No. 09-2905-pr (2nd Cir.) (644 F.3d 83) (May 4, 2011) (Judge Gerard E. Lynch) by In a dispute arising from the of a petition for habeas relief, judgment by district court denying petition is reversed because the admission into evidence of statements defendant made in prison violated …
Article • December 1, 2003 • from P&J December, 2003
U.S. v. Cranley, No. 03-1908 (7th Cir.) (350 F.3d 617) (November 19, 2003) (Judge Richard A. Posner) by After the defendant in this case was charged with federal firearms-related offenses, the District Court for the Eastern District of Wisconsin granted his motion to suppress his confession that he had given …
Article • May 9, 2003 • from P&J April, 2003
Kaupp v. Texas, No. 02-5636 (U.S. Supreme Court) (538 U.S. 626; 123 S.Ct. 1843) (May 5, 2003) (Per Curiam) by Here the Court vacated a Texas state court's decision that officers did not violate the Fourth Amendment when they entered a suspect's house without a warrant, woke him with a …
Article • May 1, 2003 • from P&J May, 2003
U.S. v. Cranley, No. 02-CR-222 (E.D.Wisc.) (250 F.Supp.2d 1037) (March 10, 2003) (Judge Lynn S. Adelman) by Defendant was charged with firearms violations. Defendant moved to suppress, pursuant to Miranda, inculpatory statements he made to an agent of the Bureau of Alcohol, Tobacco, and Firearms (ATF) after his probation officer …
Article • March 9, 2003
Haley v. Ohio, No. 51 (U.S. Supreme Court) (332 U.S. 596; 68 S.Ct. 302) (January 12, 2048) (Justice Douglas) by Here the Court held that juvenile defendants are generally more susceptible to police coercion than adults;and as such due process requires that juvenile status be taken into account when determining …
Article • October 14, 2002
Arizona v. Roberson, No. 87-354 (U.S. Supreme Court) (486 U.S. 675; 108 S.Ct. 2093) (June 15, 1988) (Justice Stevens) by In a case that established a "new rule of constitional law", the Court held that the Edwards rule (Edwards v. Arizona, 451 U.S. 477 (1981)) is not offense specific. Thus, …
Article • February 1, 2002 • from P&J February, 2002
U.S. v. Childs, No. 00-3111 (7th Cir.) (277 F.3d 947) (January 18, 2002) (Judge Frank H. Easterbrook) by Here a divided court held that questioning during the course of lawful custody need not be related to the reason for that custody so long as the questions do not otherwise make …
Article • August 1, 2001 • from P&J August, 2001
U.S. v. Childs, No. 00-3111 (7th Cir.) (256 F.3d 559) (July 3, 2001) (Judge Richard D. Cudahy) by In a decision that was later reversed by a divided en banc court, the panel held that inquiries falling outside the scope of the matters that gave rise to the defendant's detention …
Article • April 3, 2001
McNeil v. Wisconsin, No. 90-5319 (U.S. Supreme Court) (501 U.S. 171; 111 S.Ct. 2204) (June 13, 1991) (Justice Scalia) by In this case the Court affirmed that the Sixth Amendment right to counsel is offense specific, meaning that law enforcement officials may question an indicted defendant who has invoked his …
Article • March 1, 2001 • from P&J March, 2001
Texas v. Cobb, No. 99-1702 (U.S. Supreme Court) (532 U.S. 162; 121 S.Ct. 1335) (April 2, 2001) (Justice Rehnquist) by Proving once again that the rights of criminal defendants are often determined by word games played on slippery slopes, a sharply divided Supreme Court held last week that a criminal …
Article • July 1, 2000
Rhode Island v. Innis, No. 78-1076 (U.S. Supreme Court) (446 U.S. 291; 100 S.Ct. 1682) (May 12, 1980) (Justice Stewart) by In this case the Court addressed the meaning of the word "interrogation" for purposes of custodial questioning of suspects, within the meaning of the holding in Miranda v. Arizona, …
Article • June 23, 2000
Minnick v. Mississippi, No. 89-6332 (U.S. Supreme Court) (498 U.S. 146; 111 S.Ct. 486) (December 3, 1990) (Justice Kennedy) by This case represents a further refinement of the rules laid down by the Court in Edwards v. Arizona, 451 U.S. 477 (1981) and Arizona v. Roberson, 486 U.S. 675 (1988). …
Article • May 1, 2000 • from P&J May, 2000
U.S. v. Coleman, No. 99-3104 (9th Cir.) (208 F.3d 786) (April 3, 2000) (Judge Susan P. Graber) by In this case the defendant sought to suppress statements made after he had requested counsel, in accordance with the rule established in Edwards v. Arizona, 451 U.S. 477 (1981). He was arrested …
Article • February 1, 1998 • from P&J February, 1998
Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King) by Here the Court vacated a conviction on the grounds that the defendant had improperly been denied an evidentiary hearing on this issue of whether a Texas conviction, used to justify the death …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Melendez Garcia, No. 95-235 (DRD) (D.Puerto Rico) (982 F.Supp. 112) (November 3, 1997) (Judge Daniel R. Dominguez) by Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King) U. S. v. Melendez Garcia, 982 F.Supp. 112 (D.Puerto Rico 1997) (Judge Dominguez) Each of these cases explores …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson) by This case is as much about the stubbornness of the independent and much-appealed Judge Fuste as it is about the principal legal issue raised: what constitutes being “in-custody” for purposes of border …
Article • March 1, 1997 • from P&J March, 1997
Bassett v. Singletary, No. 95-2519 (11th Cir.) (105 F.3d 1385) (February 20, 1997) (Per Curiam) by Case held that rule established in Minnick v. Mississippi, 498 U.S. 146 (1990) was a new rule of law that did not apply retroactively and thus it affirmed a conviction where the police had …