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February 24:
08-680 Miranda rights take another hit today. In Maryland v. Shatzer, the Supreme Court, in a unanimous decision written by Scalia and Thomas writing separately concurring in part and concurring in judgment and Stevens writing separately concurring in judgment, the full Court recognizes an exception to the 1981 decision in Edwards v. Arizona, and now establishes that a "break in custody" permits the police to resume questioning a suspect who had previously asked for a lawyer. Seven members of the Court rule that if the break in custody lasts more than two weeks between interrogations, the Edwards decision does not apply to suppress a confession: "The Court concludes that the appropriate period is 14 days, which provides ample time for the suspect to get reacclimated to his normal life, consult with friends and counsel, and shake off any residual coercive effects of prior custody."
February 18:
08-5426-cr USA v. Green - Before: KEARSE, WINTER, and POOLER, Circuit Judges. Appeal from post judgment orders of the United States District Court for the Western District of New York, Charles J. Siragusa, Judge, declining to reduce defendant's previously agreed-upon 145-month term of imprisonment upon his motion for a reduction pursuant to 18 U.S.C. ยง 3582(c) (2) in light of United States Sentencing Commission amendments to sentencing guidelines for offenses related to crack cocaine. Affirmed consistent with the Court's ruling in USA v. Main.
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