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To: topher

So I am assuming that SCOTUS found that this was not a violation of the 5th amendment’s protection against self incrimination?

I can’t even understand how the 6th circuit could have found otherwise (the 9th circuit I would have expected as much). I mean fed cruin out loud THE GUY PLED GUILTY!!!!!!


16 posted on 04/23/2014 1:06:54 PM PDT by Nifster
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To: Nifster
Actually, no. The SCOTUS already had precedents that said that pleading guilty did not obligate a defendant to wave his self-incrimination rights during the sentencing phase, and because of that case law, the Federal circuit and appellate courts ruled that this was a reversible error.

What the SCOTUS said was, failure to issue the instruction was "not unreasonable." Therefore, the Federal courts could not intervene via habeas, which is limited by the AEDPA of 1996.

18 posted on 04/23/2014 1:17:04 PM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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