Legal Updates Fall 2014
Written By:
Reid
Dec 03, 2014
The Legal Updates Fall 2014 column contains cases which address the following issues:
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- Court allows surreptitious video recording of incriminating statement into evidence
- Court rules that Dr. Shawn Roberson would not be allowed to testify on false confession issues at trial
- Counsel's failure to retain expert witness on false confessions was matter of reasonable trial strategy
- Social Security Fraud
- Failure to develop and present expert testimony on false confession issues is does not indicate ineffective counsel (value of video taping interrogation)
- Value of video recording to demonstrate confession voluntariness
- Court rejects testimony of forensic psychiatrist that defendant fits the profile of someone who would be susceptible to giving a false confession
- Police are not required to give Miranda advisement of persons they suspect or question, even in a police station, absent custody
- Court rejects the suggestion that a loss of visitation rights was coercive
- Juvenile interrogation - confession volutariness issues
- Repeated implied promises of leniency nullify confession admissibility
- Defendant who scored 53 on IQ test can give a knowing and intelligent waiver of his rights
- Court finds confession was result of coercive police interrogation - the importance of using extreme care when questioning an individual with limited mental capacity
- Confession voluntariness and the exclusion of clinical psychologist at guilt phase (value of video recording)
- Pre-arrest silence cannot be used as substantive evidence of guilt