Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Unpublished Decisions

By Shari Allison

U.S. v. McCarthy, 2010 WL 2413024 (6/16/10) (unpub'd) - The 10th found no ambiguity in the defendant's statement to the officers: "I don't want nothing to say to anyone," and his "no" response to the question "You don't have anything to say to anybody?" [despite the resulting double-negative], regardless of the defendant's heavy accent and tendency to mumble. The officers were obligated to end questioning. Instead, their further attempts to clarify the defendant's Miranda rights violated Miranda, even though they told him not to discuss the crime until he signed the Miranda waiver form. In dissent, Judge McWilliams argued that re-reading a detainee his Miranda rights does not in itself violate his right to remain silent.U.S. v. Mutte, 2010 WL 2413139 (6/16/10) (unpub'd) - A release pending sentencing victory for a defendant represented by our NM CJA colleague Sam Winder...continue to full post

Full post as published by Tenth Circuit Blog on June 22, 2010 (boomark / email).