We take a look at the West Memphis 3’s efforts to DNA test evidence, explain why the trial court got it right, and give our thoughts on next steps. Check if out here if you are on Apple, or anywhere you get your podcasts. Below are the relevant documents.
Did the Supreme Court just gut Miranda while at the same time letting cops come into your house and search it without a warrant if you live 100 miles from the border? We look at these cases and explain why maybe TikTok isn’t your best source for legal news.
We dive into the standard for ineffective assistance. Just how bad does it have to be for a convicted person to get another trial? The answer? Pretty bad. Find it on Apple here or wherever you listen to podcasts.
Did a man really miss out on a lawyer because he asked for a “lawyer, dog” instead of just asking for a “lawyer”? And we read an insightful email on the Dammion Heard case. For more on the need to clearly invoke your right to a lawyer, read Davis v. United States, which held:
We decline petitioner’s invitation to extend Edwards and require law enforcement officers to cease questioning immediately upon the making of an ambiguous or equivocal reference to an attorney… [W]e held in Miranda that a suspect is entitled to the assistance of counsel during custodial interrogation even though the Constitution does not provide for such assistance. We held in Edwards that, if the suspect invokes the right to counsel at any time, the police must immediately cease questioning him until an attorney is present. But we are unwilling to create a third layer of prophylaxis to prevent police questioning when the suspect might want a lawyer. Unless the suspect actually requests an attorney, questioning may continue.