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: Capital Defense Weekly

By cdw

I got pushed out to trial. This week’s edition will go late Tuesday / early Wednesday. My apologies for any delay. After the jump the cases, so far, from the next edition:In Favor of the Defense Blaine Ross v. State, 2010 Fla. LEXIS 853 (FL 5/27/2010) “[T]he police, over a period of several hours of custodial interrogation, deliberately delayed administration of the warnings required by Miranda v. Arizona obtained inculpatory admissions, and when the warnings were finally administered midstream, minimized and downplayed the significance of the warnings and continued the prior interrogation?all of which undermined the effectiveness of Miranda. In accordance with our precedent and the precedent of the United States Supreme Court, we conclude that under the totality of the circumstances, the waiver of the defendant?s rights against self-incrimination was not voluntary, knowing, and intelligent, and the statements were not voluntarily given...continue to full post

Full post as published by Capital Defense Weekly on June 08, 2010 (boomark / email).