Criminal
Aug. 28, 2012
Miranda rights against the ropes
Even when officers work within the boundaries created by Miranda, Davis and Berghuis, they can still employ whatever trickery or psychological coercion that the Miranda court considered. By Harvey Gee
On Aug. 16, in Sessoms v. Runnels, 2012 DJDAR 11396 (9th Cir. Aug. 16, 2012), a sharply divided 6-5 en banc panel of the 9th U.S. Circuit Court of Appeals reversed the district court's denial of a prisoner's petition for writ of habeas corpus. Central to the Sessoms analysis was Davis v. U.S., 512 U.S. 452 (1994). In Davis, the U.S. Supreme Court considered the degree of clarity necessary for a custodial su...
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