Legal Updates for Winter 2015
Written By:
Reid
Mar 18, 2015
The Legal Updates Winter 2015 column contains cases which address the following issues:
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- Court did not allow David Mantell to testify as an expert on false confessions
- Defendant was not denied effective assistance due to trial counsel's failure to develop and present expert witness testimony concerning claimed involuntariness of his confession
- Defendant was not denied effective assistance due to trial counsel's failure to develop and present expert witness testimony concerning claimed involuntariness of his confession
- Court finds expert testimony regarding false confession phenomenon was not admissible
- Violation of Garrity rule nullifies admissibility of incriminating statement
- The importance of accurate translations by the interpreter - erroneously suggesting a lesser punishment if defendant confessed
- Defendant should have been advised on his rights before questioning in the pat-down room
- Investigator's statement that it was time for the defendant to "come to Jesus" was not a coercive statement
- Court excludes the testimony of Dr. Jorey Krawczyn on false confession issues
- Use of a psychologically-oriented techniques during questioning is not inherently coercive; request to have his mother in the room was not an assertion of his right to remain silent
- Investigators failed to honor the defendant's invocation of his right to silence
- Videotaped interrogation admissible even though investigator repeatedly accused defendant of lying
- Suggesting to the defendant that the stabbing death was self-defense does not render the confession involuntary
- Employing deceptive practices to elicit a confession are not coercive
- 13-year olds statement "Could I have an attorney? Because that's not me" Was an Unequivocal and Unambiguous Invocation of his Rights
- Preamble to the advisement of rights undermined the subsequent Miranda advisement