Tuesday, June 1, 2010

Take Away Rights

As I blogged about earlier, the Supreme Court handed down decisions this morning. 

One of those decisions was Berghuis v. Thompkins.  This was the habeas case the Court looked at from the Sixth Circuit this year.  In all five cases the Sixth Circuit granted habeas.  Now, in all five, the Court has reversed.  Lesson - let those in the Midwest rot in prison.

The relevant facts in this case were as follows: Thompkins was suspected of killing a guy.  The cops interrogated him.  Read him Miranda (not the whole case, just the relevant warnings).  Thompkins sat silently for almost three hours.  Finally he answered a trio of questions about whether he believed in God and whether he prayed to God for forgiveness for killing the victim.  He answered yes. Then he was convicted. 

So now suspects - BEWARE - you have to say something to invoke your right to remain silent.  But for crying out loud, SHUT YOUR FACE AND ASK FOR A LAWYER.  How else will we get paid?

This is not legal advice.  Well, it is, but I'm not a lawyer (yet) so it's not.

1 comment:

  1. An additional thing to do during BarBri is to tell the original poster, once again, that just because he wants the constitution to mean something completely untethered to the words of the constitution, doesn't make it so. Apparently only five members of the Court understand this.

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