Please, just don’t say anything.

admin | May 28, 2009

The Supreme Court destroyed a fundamental federal protection of a criminal defendant’s right to counsel on May 26, 2009. In a deeply divided 5-4 decision, the SCOTUS overruled its 1986 decision in Michigan v. Jackson, which prohibited police from interrogating a criminal defendant once he had invoked the right to legal counsel. Under Tuesday’s decision [...]

The Marital Communications Privilege in Prisons & Jails

admin | May 13, 2009

On May 1, 2009, the NC Supreme Court decided the case of State v. Rollins, in which it determined that a defendant can not use the marital-communication privilege to prevent his wife from testifying against him in a criminal proceeding because the communications occurred in the prison’s public visiting areas.   This decision reverses the Court [...]