Legal Updates Winter 2014
Written By:
Reid
Mar 13, 2014
In the Legal Updates Winter 2014 contains cases which address the following issues:
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- Expert testimony on witness credibility excluded
- Confession suppressed because suspect was advised that no matter how many robberies she committed all the sentences would run concurrent
- Court finds that the suspect's physical condition during the interrogation rendered his confession inadmissible
- Threat to arrest defendant's mother and aunt rendered incriminating statement inadmissible
- Statement to the effect that the defendant had a "chance to reduce the potential charges or sentencing" if he showed remorse and confessed did not render the confession inadmissible
- Threatening deportation was coercive
- Court bars Dr. Richard Leo from testifying: proposed area of expert testimony has not reached the "level of scientific reliability"
- The statement to the suspect that "It would be worse for you" if you did not talk to law enforcement was coercive
- Repeatedly threatening a seventeen-year-old with the death penalty is "objectively coercive"
- Video recording protects the confession
- Lying about DNA evidence did not make the confession inadmissible
- Telling a suspect he failed a polygraph test does not render the confession inadmissible
- "Small" interrogation room (10 x 10) was not coercive; suggesting the juvenile victim initiated the sexual contact was not coercive
- Lengthy and persistent questioning does not render a confession inadmissible; accident versus intentional act was a "red herring" but not coercive