Free Newsletter
Miranda violation leads to conviction reversal
A man who was surrounded at a gas station by police, questioned in an accusatory manner, and kept from using the telephone or the restroom was involved in a custodial interrogation that required Miranda warnings, the South Carolina Court of Appeals has ruled, rejecting prosecutors’ claims that the questioning was merely part of a routine […]
Court hears case over deputy who didn’t read Miranda rights
WASHINGTON (AP) — You have the right to remain silent. Everyone knows police aren’t supposed to question suspects without reading them their Miranda rights. But what happens when law enforcement officers don’t first read suspects their rights? The Supreme Court on Wednesday wrestled with whether a sheriff’s deputy can be sued for money damages for […]
Disputed Mirandizing meant silence could be used to impeach
An arrested person’s right to remain silent would be worth very little if that silence could be treated as an admission of guilt, so the U.S. Supreme Court has said that prosecutors seeking to impeach a defendant’s testimony at trial can make reference to a defendant’s silence right up to the moment he received […]
Manslaughter conviction tossed over Miranda violation
A Greenville man convicted of manslaughter has been given another day in court after the South Carolina Court of Appeals found that his confessions were obtained illegally. The court said that because Marshell Hill was in custody at the time of his first confession, but hadn’t been read his Miranda rights, the evidence should […]
Criminal Practice – Constitutional – Miranda Warnings – Timing – Harmless Error – Murder
State v. White (Lawyers Weekly No. 011-096-14, 6 pp.) (John Geathers, J.) (John Few, Ch. J., dissenting) Appealed from Richland County Circuit Court (Clifton Newman, J.) S.C. App. Holding: Given defendant’s argument that investigators asked questions first and gave him Miranda warnings later, the trial court should have made the findings of fact as to […]
Criminal Practice – Confession – No Miranda Warnings – Unexpected Remark – Indecent Exposure
State v. Chandler During his search of defendant, an officer made a remark that may have elicited the incriminating statement defendant made while being escorted to his cell; nevertheless, there was no interrogation involved, Miranda warnings were not warranted, and defendant’s voluntary statement was properly admitted into evidence.
Criminal Practice – Constitutional – Miranda Warnings – Right to Cease Questioning – DUI
State v. Hoyle In State v. Kennedy, 325 S.C. 295, 479 S.E.2d 838 (Ct. App. 1996), aff’d as modified, 333 S.C. 426, 510 S.E.2d 714 (1998), this court said, “A suspect in custody may not be subjected to interrogation unless he is informed that: he has the right to remain silent; anything he says can be used against him in a court of law; he has a right to the presence of an attorney; if[...]
Are police required to re-Mirandize for new charges? U.S. Supreme Court justices to consider issue
The justices of the U.S. Supreme Court considered last week whether a jail inmate must be Mirandized before police can question him about an unrelated charge. The case, Howes v. Fields, involves Randall Fields, who was jailed on a charge of disorderly conduct when police questioned him over unrelated allegations that he had sex with a minor. After seven hours of questioning and repeatedly sa[...]
Criminal Practice – Miranda Warnings – Right to Silence – Renewed Questioning
State v. Franklin. After being warned of his Miranda rights, defendant invoked his right to remain silent - not his right to counsel - and police stopped questioning him. Three and a half hours later, police informed defendant that the victim had died . . .
Criminal Practice – Child Pornography – Computer Chat – Miranda Warnings – ‘Custody’
U.S. v. Hargrove. (Lawyers Weekly No. 001-171-10, 25 pp.) (Agee, J.) No. 08-5223, Nov. 19, 2010; USDC at Martinsburg, W.Va. (Bailey, J. ) 4th Cir. Click here for the full text of the opinion. Holding: Although 10 to 15 agents, some armed, showed up at defendant’s home at 6 a.m. to roust him from bed […]
Criminal Practice – Right to Remain Silent – Miranda Warnings – Waiver – 17-Year-Old Special Education Student – Evidence – Surveillance Footage – Failure to Preserve – Grand Jury Proceedings – Prior Inconsistent Statements
State v. Moses. (Lawyers Weekly No. 011-132-10, 11 pp.) (Daniel F. Pieper, J.) Appealed from Greenville County Circuit Court. (John C. Few, J.) S.C. App. Click here for the full text of the opinion. Holding: Even though the 17-year-old special education student was kept separate from his mother during a police interview, he understood and […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
