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6 Apr 2024, 8:49 pm by Jon Katz
" Despite that language, I too often hear numerous Virginia assistant commonwealth's attorneys / prosecutors erroneously claim that pre-arrest silence by a Virginia DUI or criminal suspect is admissible in evidence so long as Miranda does not yet apply, and the Virginia Court of Appeals recently had to step in to reverse a murder conviction that followed a trial judge's erroneously allowing into evidence the defendant's confession that followed his unambiguous assertion… [read post]
6 Apr 2024, 10:24 am by Peter Howard Tilem
The Defendant’s Miranda Rights When the detective approached, the defendant asked if he could see a nurse because of his level of physical pain. [read post]
5 Apr 2024, 4:54 am by Beatrice Yahia
Signup to receive the Early Edition in your inbox here. [read post]
5 Apr 2024, 2:58 am by Chris Seaton
” “As I said, Sheriff Roy Templeton of Mud Lick, Alabama, husband to Arlene, father to Roy Junior, employer of Deputy Ernesto Miranda, you are not dealing with God here. [read post]
4 Apr 2024, 5:10 am by Beatrice Yahia
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1 Apr 2024, 4:23 am by Patrick J. Murphy, Esq.
His petition was based on the claim that the criminal record stemmed from demonstrable errors by law enforcement, specifically alleging an unlawful arrest and interrogation without Miranda warnings. [read post]
31 Mar 2024, 3:06 am by Andrew Flusche
We’ve talked about what the Miranda rights are, and I have a video coming out about Miranda rights in a DUI case. [read post]
28 Mar 2024, 2:00 pm by Gerry W. Beyer
Miranda Perry Fleischer (University of San Diego School of Law) recently published, Death and Taxes: A Libertarian Reappraisal, Social Philosophy and Policy, Vol. 39, No. 1 (2022). [read post]
Goodwin partners Allison DeLaurentis and Miranda Hooker stated, “HB 68’s restrictions on medical care for the transgender youth community not only defy medical consensus and expert judgment but eliminate a parent or caregiver’s fundamental right to make critical, informed, healthcare decisions for them. [read post]
27 Mar 2024, 7:51 am by Unreported Opinions
Criminal law — Miranda rights — Jury instruction Appellant, Tyrece Jones, was convicted by a jury sitting in the Circuit Court for Montgomery County of carjacking and second-degree assault. [read post]
26 Mar 2024, 11:39 am by Steven Schwartzapfel
Miranda Rights And Warnings You’ve heard it on TV: “You have the right to remain silent…” This legal disclaimer is much more than a script; they’re a part of your Miranda rights. [read post]
26 Mar 2024, 10:24 am by Howard Bashman
” And Alice Miranda Ollstein and Josh Gerstein of Politico report that “Justices appear skeptical of call to restrict abortion pill; A decision, likely to come in June, would be a major victory for the FDA’s authority to regulate prescription drugs and for abortion-rights advocates who have sought to protect access to mifepristone. [read post]
25 Mar 2024, 9:25 am
Sayles (Felony murder & conspiracy to commit robbery 1st degree; motions to suppress contents of cell phone; article first, § 8, of Connecticut constitution, Miranda rights) [read post]
22 Mar 2024, 11:38 am by John Elwood
The majority concluded that the entirety of Michaels’ recorded confession was erroneously admitted because Michaels had (selectively) invoked his right under Miranda v. [read post]
21 Mar 2024, 4:54 pm by Lundgren & Johnson, PSC
And so if a defendant has provided a statement to law enforcement in the case and he believes that statement was either coerced or was obtained in violation of his Miranda rights because he was interrogated in custody without first being Mirandized, he can move the court to suppress those statements. [read post]
20 Mar 2024, 5:10 am by Beatrice Yahia
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