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New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation
by Douglas Ankney
The Supreme Court of New Jersey reversed the convictions of Laura Gonzalez because a detective failed to clarify Gonzalez’s ambiguous request for counsel during her interrogation and because the trial court allowed inadmissible testimony from witnesses.
In 2017, police questioned Gonzales – after providing her with warnings ...
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More from this issue:
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, by Dale Chappell, Jacob Barrett
- California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea, by David Reutter
- The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final, by Douglas Ankney
- SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids, by Harold Hempstead
- Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes, by Anthony Accurso
- Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements, by Anthony Accurso
- New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation, by Douglas Ankney
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, by Dale Chappell
- Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment, by Harold Hempstead
- SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, by Harold Hempstead
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, by Mark Wilson
- SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim, by Dale Chappell
- Tech Giants Support Ban on Geofence and Reverse Keyword Warrants, by Anthony Accurso
- Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief, by Dale Chappell
- Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred, by Douglas Ankney
- New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution, by Douglas Ankney
- USSC Report Highlights Problems with Sentencing in Child Porn Cases, by Dale Chappell
- California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95, by Matthew Clarke
- Forensic Psychiatrist Questions the Value of Memory, by Jayson Hawkins
- The Blue Wall of Silence: Law Enforcement Whistleblowers Face Severe Retaliation, by Casey Bastian
- Fourth Amendment Loopholes and the PATRIOT Act’s Legacy, by Anthony Accurso
- FBI Phone Hack May Have Monitored Americans in Operation Trojan Shield, by Jayson Hawkins
- Psychological Repercussions of Surveillance, by Anthony Accurso
- Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI, by Anthony Accurso
- Study Shows Crime Reduced When Crisis Teams, as Opposed to Police, Respond to Low-Level Crimes, by Jacob Barrett
- Understanding Environmental Effects on Blowflies Permits Fine-Tuning of Evidence Revealed From Fly Colonization of Decomposing Bodies, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025. Miranda, Custodial Interrogations.
- Trial Rescheduled for Ohio Prisoner Accused of Murdering Fellow Prisoner, Sept. 15, 2024. Failure to Protect (Wrongful Death), New Trial/Judgment of Acquittal.
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
- Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements, June 15, 2024. Miranda, Custodial Interrogations, Interrogation, In Custody.
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, March 15, 2024. Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness.
- Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, Jan. 15, 2024. Informants, Post-Arrest Statements, Informants and Paid Witnesses, Confessions - Admissibility, Police Interrogations, Custodial Interrogations, Confessions and Statements of Defendant.
- Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial, May 15, 2023. Ineffective Assistance of Counsel, New Trial/Judgment of Acquittal, Exculpatory Evidence - Disclosure Obligations.
- California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal, Jan. 15, 2023. New Trial/Judgment of Acquittal, Resentencing, Factual Disputes/Findings.
- Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge, Nov. 15, 2022. U.S. Sentencing Guidelines, Double jeopardy, New Trial/Judgment of Acquittal.
- California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing, May 15, 2022. New Trial/Judgment of Acquittal, Insufficiency of the Evidence.