Origins of Shatzer's 14-day Clause: At SCOTUSblog and Volokh Conspiracy, Orin Kerr takes a look at how yesterday's decision in Maryland v. Shatzer created a new rule of criminal procedure. Kerr writes that yesterday's decision in Shatzer addressed whether the Supreme Court's ruling in Edwards v. Arizona (that police cannot question a suspect after he has requested a lawyer) still applies "if the suspect has been released from police custody and is then rearrested." According to the Court it does not, and, according to Kerr, the Court's decision created a "clear rule" that police may re-interrogate a suspect 14 days after his first interrogation. So where did this 14-day rule come from? Kerr isn't sure. His guess is that "14 days was chosen [because]... it's easy to remember and seemed in the right ballpark."
Justice Stevens May Set Another Milestone: At Blog of Legal Times, Tony Mauro "Track[s] Justice Stevens' Milestones[,]" and writes that in about three months Justice Stevens "will pass 'the great chief justice' John Marshall in terms of length of service, and a month after that he'll pass Justice Stephen Field's length of tenure as well, lagging behind only William O. Douglas." Justice Stevens would need to serve two more years to reach Douglas' record, who interestingly, Justice Stevens succeeded to the Court. Mauro also writes that statistics posted on the Oyez Project demonstrate that Justice Stevens "is also bumping up to a record held by Justice Oliver Wendell Holmes Jr. as the oldest justice to serve on the Court."
Ninth Circuit Rules on Miranda and "Involuntary" Confession: Earlier today a Blog commenter linked to a "freshly minted" Miranda case from the Ninth Circuit. This afternoon, How Appealing's Howard Bashman linked to Judge Rawlinson's opinion and an AP news story by Amanda Lee Myers. The case, Doody v. Schriro, involves the 1991 murder of six priests, a nun and two helpers during a robbery at a Buddhist temple west of Phoenix. The bodies at the temple were found arranged in a circle, and all had been shot in the head. Today, the Ninth Circuit ruled that Doody's confession was involuntary partly because he wasn't properly read his rights by the officers interrogating him. The court reversed the lower court's decision and remanded the case to the district court to grant Doody's habeas petition.
Justice Stevens May Set Another Milestone: At Blog of Legal Times, Tony Mauro "Track[s] Justice Stevens' Milestones[,]" and writes that in about three months Justice Stevens "will pass 'the great chief justice' John Marshall in terms of length of service, and a month after that he'll pass Justice Stephen Field's length of tenure as well, lagging behind only William O. Douglas." Justice Stevens would need to serve two more years to reach Douglas' record, who interestingly, Justice Stevens succeeded to the Court. Mauro also writes that statistics posted on the Oyez Project demonstrate that Justice Stevens "is also bumping up to a record held by Justice Oliver Wendell Holmes Jr. as the oldest justice to serve on the Court."
Ninth Circuit Rules on Miranda and "Involuntary" Confession: Earlier today a Blog commenter linked to a "freshly minted" Miranda case from the Ninth Circuit. This afternoon, How Appealing's Howard Bashman linked to Judge Rawlinson's opinion and an AP news story by Amanda Lee Myers. The case, Doody v. Schriro, involves the 1991 murder of six priests, a nun and two helpers during a robbery at a Buddhist temple west of Phoenix. The bodies at the temple were found arranged in a circle, and all had been shot in the head. Today, the Ninth Circuit ruled that Doody's confession was involuntary partly because he wasn't properly read his rights by the officers interrogating him. The court reversed the lower court's decision and remanded the case to the district court to grant Doody's habeas petition.
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