Congressional Digest

Supreme Court Debates October 2010 No. 7 Vol. 13
Mary Berghuis

The Right to Remain Silent

Invoking Miranda Protections During Police Questioning

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Mary Berghuis

Petitioner

B. Eric Restuccia, Counsel of Record In May 2002, Van Chester Thompkins was convicted of first-degree murder, assault with intent to commit murder, and related firearms offenses after a jury trial that occurred in Oakland County, Michigan. Thompkins was sentenced to mandatory life imprisonment without the possibility of parole. His State court appeal asserted, among other claims, that he had been interrogated by police for three hours prior to confessing — despite not having waived his Miranda right to remain silent and consult a lawyer. When State courts declined to reverse his conviction, Thompkins appealed to a Federal district court…

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