available in JSTOR and the most recently published issue of a journal. In contrasts, the former is narrowly directed at protecting the suspect from the especially potent inherent coercion associated with custodial interrogation. from Southern Illinois University School of Law in May 2012. This analysis indicates that only the latter rule is intended to protect the suspect’s interest in effective representation by prohibiting all police questioning, whether or not the suspect was aware he was dealing with police. Posted: 16 Apr 2013 She would like to thank Professor William Schroeder for his insight and guidance while writing this article. Below, Diana Gillis previews Maryland v.Shatzer, one of the cases to be heard by the Supreme Court on Monday, October 5.Diana is a rising third year at Georgetown University Law School and a summer associate at Akin Gump. Maryland v. Shatzer.6 This Note will examine Maryland v. Shatzer in light of the prophylactic rule it establishes, as well as how the rule may yield to * Jessica A. Davis is a third-year law student expecting her J.D. Moving walls are generally represented in years. That decision emphasized the need to limit the impact of Miranda to the core concern that motivated the adoption of the ruling: protection from the pressure of incommunicado police interrogation. Description: Founded in 1948, the Stanford Law Review is a general-interest academic legal journal. Coverage: 1948-2014 (Vol. This page was processed by aws-apollo5 in 0.174 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. 66, No. 1, No. issues are available in JSTOR shortly after publication.

or identification evidence, 22× 22.

moving wall, articles from the year 2002 are available. Accordingly, Blankenship ended the interview, and Shatzer was released back into the general prison population. For example, if the current year is 2008 and a journal has a 5 year The Miranda right to counsel is therefore a mechanism to neutralize this coercion, which exists only when the suspect is aware he is being confronted by police. This brings into focus the question of which of these two rules takes precedence in the post-invocation surreptitious questioning situation? 1 In that case, the police had attempted to question Shatzer about allegations that he had molested his young son. 2 MARYLAND v. SHATZER Opinion of the Court prior crime for which he was incarcerated. 6), No.

The article focuses on the intersection of the rule established by Illinois v. Perkins, where the Supreme Court held surreptitious questioning of a suspect prior to Miranda invocation does not implicate the Miranda warning and waiver requirement, and the Edwards/Minnick rule, where the court held as per se invalid any Miranda waiver resulting from police re-initiation of questioning following an invocation of the Miranda right to counsel. Professor of Public Law and Government School of Government The University of North Carolina at Chapel Hill May 10, 2010 On February 24, 2010, the United States Supreme Court decided Maryland v. Shatzer, 130 S. Ct. 1213 (2010), which modified the ruling in Edwards v. Arizona, 451 U.S. 477 (1981). ©2000-2020 ITHAKA. Argument Preview Before asking any questions, Blankenship reviewed Shatzer’s 748 CLEVELAND STATE LAW REVIEW [Vol. Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. This article analyzes police surreptitious questioning of a suspect following invocation of the Miranda right to counsel. Corn, Geoffrey S., Miranda, Secret Questioning, and the Right to Counsel (April 16, 2013). Founded in 1948, the Stanford Law Review is a general-interest academic legal journal. While acknowledging that post-invocation surreptitious questioning does seem to exploit a suspect who has expressed his desire to deal with police only with assistance of counsel, I conclude that while a close call, this is ultimately a permissible tactic.

40 Pages As a result, surreptitious questioning does not produce the necessary inherent coercion to implicate Miranda, and therefore cannot qualify as police exploitation of a suspect who has previously indicated his need for the presence of counsel to offset the coercive pressure of custodial interrogation. Blankenship clarified the purpose of his visit, and Shatzer declined to speak without an attorney. publisher has elected to have a "zero" moving wall, so their current post-arrest strip searches, 21× 21. Check the Maryland v. Shatzer SCOTUSwiki page throughout the summer for additional updates.. To learn more, visit our Cookies page. The article then shows how the Court’s Dickerson decision bolsters this conclusion. Note: In calculating the moving wall, the current year is not counted. 6 Symposium: The Future of Patents: Bilski and Beyond JUNE 2011 pp. Detective Shane Blankenship was assigned to the investigation and interviewed Shatzer at the correctional institution on August 7, 2003. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. I reach my permissibility conclusion by focusing on the competing objectives of the Miranda right to counsel and the Sixth Amendment “Massiah” right to counsel.

Each year the Law Review publishes one volume, which appears in six separate issues between November and May. Keywords: Miranda v. Arizona, Surreptitious Questioning, Arizona v. Edwards, Illinois v. Perkins, Invocation, Re-initiation, Suggested Citation: All Rights Reserved. I conclude that although never addressed by the Supreme Court, this tactic should be permissible. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. This page was processed by aws-apollo5 in. Last revised: 8 Feb 2014. Shortly thereafter, Blankenship closed the investigation. INTRODUCTION In two recent cases, Montejo v. Louisiana1 and Maryland v. Shatzer,2 the Supreme Court has held, for the first time, that overt custodial government contact with a represented criminal defendant after the Sixth Amendment right to counsel At that time, Shatzer was incarcerated at the Maryland Correctional Institution-Hagerstown, serving a sentence for an unrelated child-sexual-abuse offense. See Maryland v. Shatzer, 130 S. Ct. 1213, 1227 (2010) (imprisonment does not mean custody sufficient to trigger a suspect’s rights under Miranda). Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. 66:4" Nonetheless, an issue of uncertainty forms when these two strands of Miranda jurisprudence intersect. JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. 6 SYMPOSIUM: State Constitutions JUNE 2010 pp. See Florence v. Burlington, 132 S. Ct. 1510, 1513–14 (2012) (jail strip searches do not require reasonable suspicion). Suggested Citation, 1303 San Jacinto StreetHouston, TX 77002United States, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal, Law & Society: Criminal Procedure eJournal, We use cookies to help provide and enhance our service and tailor content.By continuing, you agree to the use of cookies.

In the last issue of the Bulletin, I discussed the decision of the Supreme Court in Maryland v. Shatzer (2010). 58:747 I. 1245-1402, No. The Law Review also hosts lectures and an annual live symposium at Stanford Law School. 1513-1762. 1195-1486, No. Approximately 2,600 libraries, attorneys, judges, law firms, government agencies, and others subscribe to the Law Review. Maryland v. Shatzer established a proverbial expiration date for this reinitiation prohibition—fourteen days after the suspect ... 104 ARKANSAS LAW REVIEW [Vol. In rare instances, a The "moving wall" represents the time period between the last issue

Each year the Law Review publishes one volume, which appears in six separate issues between November and May. 1 - Vol. 6 SYMPOSIUM: The Civil Rights Act at Fifty JUNE 2014 pp.

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