Docket Decision below (617 F.3d 813 (6th Cir 2010)) Question Presented (by Scotusblog): Whether this Court’s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison… Read more
A. In-Custody, 5th Amendment
State v. Marlon M. Anderson, 2010AP742-CR, District 1/4, 12/9/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Angela Conrad Kachelski; Anderson BiC; State Resp. A defendant’s statement made voluntarily but in violation of Miranda isn’t admissible in the State’s case-in-chief, but is admissible if the defendant testifies and the statement is inconsistent with… Read more
State v. Patrick E. Hampton, 2010 WI App 169 (recommended for publication); for Hampton: Michael S. Holzman; BiC; Resp.; Reply Custodial Interrogation – Request for Counsel To invoke the 5th amendment right to counsel during custodial interrogation, the suspect must assert the right unambiguously, something Hampton did not do. ¶30 Hampton alleges that detectives ignored him… Read more
Docket Decision below (N.C. supreme court) Question Presented: Whether, in the context of interrogating a juvenile in a school setting, “custody” for purposes of triggering Miranda warnings is determined by a purely objective test; or includes subjective considerations such as the subject’s age and status as a special education student. Scotusblog page The nub of… Read more
State v. Robert Allen, Jr., 2009AP2596-CR , District 1, 9/14/10 court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply Interrogation Request for Counsel – Re-Initiation by Suspect Allen’s invocation of right to counsel terminated his interrogation, but he immediately re-initiated communication with the police by asking “what’s going on”: ¶15 “Even… Read more
State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply Interrogation – Ambiguous Request for Counsel Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated… Read more
7th Cir. decision; Order denying rehearing and amending opinion, 10/10/15 Habeas – Voluntary Statement – Juvenile State court determination that juvenile’s custodial statement to police was voluntary wasn’t objectively unreasonable., notwithstanding his age (15), borderline intellectual functioning and lack of criminal background. “(I)t is the totality of the circumstances underlying a juvenile confession, rather than… Read more
State v. Dionicia M., 2010 WI App 134; for Dionicia M.: Andrew Hinkel, SPD Madison Appellate Recorded Confessions The juvenile was in custody when she was directed to the locked back seat of a patrol car so that she could be transported back to school after being reported truant; and, because it was feasible under… Read more
