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New Court Ruling on Rights
Thursday, February 25, 2010
There has been a lot of coverage about the United States Supreme Court’s opinion yesterday. It held that a break in custody of 14 days allows the police to re-question a suspect who previously invoked the right to counsel. Just 2 days ahead of the SCOTUS break in custody rule yesterday, the 6th circuit issued an opinion in Tolliver v Sheets, finding that the trial court improperly allowed statements from the accused citizen into evidence. Part of the statement was taken prior to Miranda warnings, part of the statement was after the invocation of counsel and part of the statement was taken after the defendant literally asked the police to stop questioning until he could speak to a lawyer. The ultimate result? Drumroll please: harmless error. However, great analysis for anyone looking to suppress statements pre-trial. I will post more on this opinion later but it is a good primer for lawyers and non-lawyers alike, on the issue of Miranda.
Take a look at the e-journal: http://www.michbar.org/opinions/us_appeals/2010/022210/45142.pdf
File Name: 10a0048p.06
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
_________________
KEVIN A. TOLLIVER,
Petitioner-Appellant,
v.
MICHAEL SHEETS, Warden,
Respondent-Appellee.
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>,---
N
No. 08-3177
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 05-01161—George C. Smith, District Judge.
Argued: January 20, 2010
Decided and Filed: February 22, 2010
Before: SUHRHEINRICH, McKEAGUE, and KETHLEDGE, Circuit Judges.