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To: ExTxMarine
No, re-read the opinion; the court said he needs to ask for counsel and then abide by the “everything you say can and will be used against you in a court of law.” Ask for a lawyer and insist on your Miranda rights and everything will be fine. This guy never asked for counsel, he agreed to hearing his Miranda rights and then decided to talk/write anyway.

The Syllabus was the Michigan v. Jackson, case: That was the ruling of the state court that was overturned!!!

Held: 1. Michigan v. Jackson should be and now is overruled. Pp. 3–18.

39 posted on 05/26/2009 11:07:02 AM PDT by org.whodat
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To: org.whodat

Michigan v. Jackson was overruled. In that original ruling, the SCOTUS said that once you have a lawyer, the police cannot talk to you or anything else unless you initiate the conversation.

The Louisiana Supreme Court ruled that the letter WAS admissible (opposite of the Michigan v. Jackson ruling) because he had not specifically requested his lawyer. The SCOTUS agreed that this guy did not specifically ask for his lawyer and therefore the evidence IS admissible and that Michigan v. Jackson is overreaching in it’s application of the Sixth Amendment.

If I am wrong, please correct me, but I just reread both this decision and the Michigan v. Jackson rulings.


42 posted on 05/26/2009 11:46:40 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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