Legal Updates for Summer 2015
Written By:
Reid
Aug 01, 2015
The Legal Updates Summer 2015 column contains cases which address the following issues:
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- Court admonishes investigator for not following Reid guidelines
- Value of video recording interrogation to determine competency to waive rights
- 10-year-old can make voluntary waiver of rights and can understand the wrongfulness of his acts
- The effectiveness of an anticipatory invocation of the Miranda-based right to counsel
- Court rejects claim that as a foreign student defendant did not understand the Miranda rights
- Court does not allow Dr. Craig Haney to testify about false confessions
- Military court upholds denial of request for false confession expert assistance
- Competency and the value of video recording the interrogation
- What constitutes interrogation?
- Human Lie Detector testimony inadmissible
- Confession found inadmissible due to promise of no jail and help finding shelter for defendant and her children to live
- Testimony regarding threat of deportation of family members should have been admitted; could cause a coerced confession
- Failure to record the interrogation was a violation of Wisconsin law, but harmless error
- The application of the Garibay test to determine confession admissibility from a non-native English speaker
- Testimony by the investigator that the defendant's answers during a police interview were evasive was acceptable
- Testimony of Dr. James Walker re false confession was not persuasive
- An 'implicit waiver' of the 'right to remain silent' is sufficient to admit a suspect's statement into evidence
- The defendant's claim that he could not read the Miranda waiver form because he did not have his glasses was disproved by the video of the interrogation