Right to Remain Silent
EXPIRATION OF ASSERTED RIGHT: Maryland v. Shatzer, FEB10, USSC No.08–680: (1) Once a suspect asserts his right to not speak or have an attorney present and he is released from “Miranda custody” the police cannot ask the suspect to waive his Miranda rights for 14 days. (2) Being in prison after a conviction does not count as “Miranda custody.” (3) The decision hints that being in jail awaiting trial is “Miranda custody.”
Florida v. Powell, FEB10, USSC No. 08–1175: “You have the right to talk to a lawyer before answering any of our questions. . . You have the right to use any of these rights at any time you want during this interview” told the suspect that he could demand his lawyer before answering any particular question – not just before any questions were asked.
Thaler v. Haynes, FEB10, USSC No. 09–273: In deciding a Batson motion, a judge does not need to have observed the behavior proffered as the reason for the strike.
Cruel & Unusual Punishment
Wilkins v. Gaddy, FEB10, USSC No. 08–10914: (1) The amount of harm done to a prisoner does not determine whether a beating by guards was cruel and unusual. (2) The amount of harm is relevant evidence as to whether the claimed beating is plausible.