Legal Updates for Spring 2015
Written By:
Reid
Jun 01, 2015
The Legal Updates Spring 2015 column contains cases which address the following issues:
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- Court rules that a minimal understanding of Miranda rights is sufficient to make a knowing and intelligent waiver
- Court excludes the testimony of Dr. Deborah Davis regarding false confessions
- Aggressive behavior does not lead to a coerced confession
- Defendant not under arrest in his home even though his movements are monitored
- The propriety of utilizing a suspect's family member during an interrogation
- "[n]o arrest, no matter how lawful or objectively reasonable, gives an arresting officer or his fellow officers license to deliberately manufacture false evidence against an arrestee"
- Confession voluntariness - a case study
- Prosecutor inserts false confession in police interrogation transcript
- Failure to call expert witness to testify about false confessions was not basis for finding of ineffective counsel
- Statements inadmissible because the investigator advised defendant he would protect him from going to jail
- Court admits the confession the defendant made to the victim's mother in a child abuse case
- Value of video to help determine if schizophrenia caused "unknowing or involuntary" responses
- "I just as soon wait until I get a public defendant or whatever" ruled an unequivocal invocation of request for an attorney
- Intoxication (methamphetamine ice, cocaine and beer) did not render incriminating statements inadmissible: value of video
- Lying to a suspect and "playing on his emotions" does not render the confession inadmissible