This preview shows pages 1–2. Sign up to view the full content.
This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: unreasonable to search and seizure claims when defendants have already been given a fair chance to argue those claims in state court and not take away the peoples Miranda rights? No. Reasoning: No. In Fifth Amendment involuntary testimony cases, though, its possible that a suspect will give false affirmation about his own guilt because of uncertainty, or Courtney Smith James Hemple Randy DeJesus Professor King Con Law 4200 10/28/10 anxiety. Holding: The courts ruling was 5 votes for Withrow, 4 against. The court stated the lower court's fortitude that federal habeas review was not disallowed where the police had put through the respondent to protective interrogations before giving him the necessary Miranda advice. The court said this was inappropriate....
View Full Document
- Fall '10