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Supreme Court takes habeas, discovery, interrogation cases

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Supreme Court granted certiorari Monday in three cases. In McDaniel v. Brown, the Court will consider whether the evidence underlying the defendant's conviction for sexual assault was clearly insufficient under the Court's 1979 decision in Jackson v. Virginia on federal habeas review. The US Court of Appeals for the Ninth Circuit ruled in favor of the defendant, supplementing the record with other evidence to determine the reliability of testimony and evidence given at trial. In Mohawk Industries v. Carpenter, the Court will consider whether a party may immediately appeal a discovery order to disclose materials that party believes are covered by the attorney-client privilege. The US Court of Appeals for the Eleventh Circuit ruled that there is no such right to an immediate appeal. The Court granted certiorari to resolve a circuit split on the issue.In Maryland v. Shatzer, the Court will consider whether the Edwards v. Arizona prohibition against interrogation of a suspect who has invoked the Fifth Amendment right to counsel is inapplicable if, after the suspect asks for counsel, there is a break of more than two years before commencing reinterrogation. The Court of Appeals of Maryland ruled that there was no break in custody and that the Edwards prohibition against interrogation was still applicable.

Full post as published by JURIST - The Paper Chase on January 26, 2009 (boomark / email).