Sunday, February 28, 2010

Supreme Court to Hear Oral Argument in Miranda Case on Monday 3/1/10

Tomorrow, the Supreme Court will hear oral argument in Berghuis v. Thompkins (See SCOTUS Wiki page HERE).  In short, the Court will consider whether a criminal defendant waives his Fifth Amendment rights when he is given a Miranda warning and verbally acknowledges that he understands his rights, but he neither invokes nor waives them explicitly.

This is much like the issue recently considered by the Texas Court of Criminal Appeals in Joseph (see my post HERE).

The oral arguments should be available on OYEZ tomorrow.