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SCOTUS FUCKS OVER PRISONER--REVERSES GRANT OF HABEAS TODAY
Poast new message in this thread
Date: February 21st, 2012 10:55 AM Author: Heady Kitty Cat http://www.supremecourt.gov/opinions/11pdf/10-680.pdf
Under AEDPA, a federal court may grant a state prisoner’s application for a writ of habeas corpus if the statecourt adjudication pursuant to which the prisoner is held “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the UnitedStates.” 28 U. S. C. §2254(d)(1).
In this case, it is abundantly clear that our precedentsdo not clearly establish the categorical rule on which the Court of Appeals relied, i.e., that the questioning of a prisoner is always custodial when the prisoner is removed from the general prison population and questioned about events that occurred outside the prison. On the contrary, we have repeatedly declined to adopt any categorical rule with respect to whether the questioning of a prison inmateis custodial. |
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Date: February 21st, 2012 8:28 PM Author: Flickering hairraiser kitchen scourge upon the earth scotus is a TTT in decline (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019752) |
Date: February 21st, 2012 8:26 PM Author: Heady Kitty Cat (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019738) |
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Date: October 9th, 2015 8:33 AM Author: Heady Kitty Cat (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#28932009) |
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Date: February 21st, 2012 8:30 PM Author: ebony sickened pervert principal's office there was NO precedent on point. lol @ thinking Mathis decided that prison interrogations always need to be mirandized (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019763) |
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Date: February 21st, 2012 8:31 PM Author: Heady Kitty Cat What about Ginsburg's disagreement with the other portion of the ruling:
But I disagree with the Court’s further determination that Fields was not in custody under Miranda. Were the case here on direct review, I would vote to hold that Miranda precludes the State’s introduction of Fields’sconfession as evidence against him |
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Date: February 21st, 2012 8:41 PM Author: ebony sickened pervert principal's office she's just a girl bro, her vote doesn't count on scotus anyway (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019817) |
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Date: February 21st, 2012 8:43 PM Author: Heady Kitty Cat have some respect, bro. seriously--she is a very intelligent Justice and she wrote her concurring and dissenting in part opinion very cogently. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019823) |
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Date: February 21st, 2012 8:48 PM Author: ebony sickened pervert principal's office you think so? actually both the majority and dissent on this point read like B+ law school exams. *lists factors favoring party A* inserts ON THE OTHER HAND *lists factors favoring party B* THEREFORE, B WINS ******************** JUSTICE HOOLAHOOP, DISSENTING. *lists factors favoring party B* inserts ON THE OTHER HAND *lists factors favoring party A* THEREFORE, A WINS |
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Date: February 21st, 2012 8:48 PM Author: Heady Kitty Cat u think law clerks write these opinions? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019864) |
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Date: February 21st, 2012 8:51 PM Author: ebony sickened pervert principal's office idk bro. you'd think the justices would at least give their clerks the basic outline and points/arguments they want to make (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019886) |
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Date: February 22nd, 2012 12:18 AM Author: Soul-stirring Startling Institution so what would've been better? I need advice, I'm clerking this autumn (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20021884) |
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Date: February 21st, 2012 8:30 PM Author: razzle-dazzle useless brakes doctorate What's up with that Kagan vote, brothers? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019767) |
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Date: February 21st, 2012 8:42 PM Author: ebony sickened pervert principal's office obama (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019820) |
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Date: February 21st, 2012 8:55 PM Author: ebony sickened pervert principal's office srsly brahs, obama's justice dept intervened on the state's behalf (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019917) |
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Date: February 21st, 2012 8:44 PM Author: Unholy Den Police Squad Was too busy scissoring with the wise latina to read the briefs. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019832) |
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Date: February 21st, 2012 8:52 PM Author: razzle-dazzle useless brakes doctorate this opinion needs some THURGOOD (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019895) |
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Date: February 21st, 2012 9:10 PM Author: laughsome dog poop LOL at the SCOTUS. Yeah, you don't need to give prisoners who are taken to an interogation room in the middle of the night without consent by armed policeman for questioning Miranda rights. No coercion to worry about there bros. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20019988) |
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Date: February 21st, 2012 9:14 PM Author: ebony sickened pervert principal's office *lists factors favoring party A* (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020006) |
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Date: February 21st, 2012 9:26 PM Author: Crimson Corn Cake Windowlicker yeah bro, someone in prison is, by definition, free as a bird. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020077) |
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Date: February 21st, 2012 9:30 PM Author: laughsome dog poop What's up Scalia? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020114) |
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Date: February 21st, 2012 9:34 PM Author: Crimson Corn Cake Windowlicker hey man, just noshin on a calzone, watching some college bball. and u? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020166) |
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Date: February 21st, 2012 9:38 PM Author: laughsome dog poop Actually, almost the same. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020215) |
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Date: February 21st, 2012 9:39 PM Author: Crimson Corn Cake Windowlicker DESCRIBE the games you're watching
also, RATE this youtube --
http://www.youtube.com/watch?feature=player_detailpage&v=P40TP1ughek#t=14s |
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Date: February 21st, 2012 9:42 PM Author: laughsome dog poop Michigan at Northwestern. I rate that youtube vid a ZERO. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020247) |
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Date: February 21st, 2012 9:44 PM Author: Crimson Corn Cake Windowlicker wtf thats some quality shit.
how much do u have wagered on mi/nw? |
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Date: October 21st, 2015 4:18 PM Author: Heady Kitty Cat (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#29015673) |
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Date: February 21st, 2012 9:12 PM Author: jet background story I think after being arrested and imprisoned once already you should know the drill.
People disagree with that? |
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Date: February 21st, 2012 9:14 PM Author: ebony sickened pervert principal's office *lists factors favoring party B* (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020008) |
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Date: February 21st, 2012 9:29 PM Author: Crimson Corn Cake Windowlicker Subject: HAHAHHAHA HOLY SHIT Nor does the statement in Maryland v. Shatzer, 559 U. S. ___, ___, that “[n]o onequestions that [inmate] Shatzer was in custody for Miranda purposes” support a per se rule. It means only that the issue of custody was not contested in that case.
seriously, how fucking retarded is the sixth circuit? |
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Date: February 22nd, 2012 12:19 AM Author: Soul-stirring Startling Institution they vary in levels of retardation, and to be fair that's... yeah, pretty much the only way to read that sentence. which 6th cir judge wrote this shit, I wonder (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20021886) |
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Date: October 9th, 2015 9:08 AM Author: Heady Kitty Cat Sutton, shitlib (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#28932125) |
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Date: February 21st, 2012 9:34 PM Author: Crimson Corn Cake Windowlicker Subject: THE GREAT WRIT DEMANDS THIS MAN'S FREEDOM (slim shady douche) While serving a sentence in a Michigan jail, RandallFields was escorted by a corrections officer to a conference room where two sheriff’s deputies questioned him aboutallegations that, before he came to prison, he had engaged in sexual conduct with a 12-year-old boy. In order to get tothe conference room, Fields had to go down one floor and
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Date: February 21st, 2012 9:35 PM Author: Unholy Den Police Squad Chances SSM would fellate this guy if he were freed? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020178) |
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Date: February 21st, 2012 9:36 PM Author: Crimson Corn Cake Windowlicker i'm thinking the petitioner in this case is a lib. thoughts? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020188) |
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Date: February 21st, 2012 9:37 PM Author: Unholy Den Police Squad Are not all members of NAMBLA? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020195) |
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Date: February 21st, 2012 9:39 PM Author: Crimson Corn Cake Windowlicker obv.
btw breh, please RATE this youtube --
http://www.youtube.com/watch?feature=player_detailpage&v=P40TP1ughek#t=14s |
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Date: February 21st, 2012 9:44 PM Author: appetizing codepig can someone give me the black letter law from this? (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020263) |
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Date: February 21st, 2012 9:48 PM Author: Cerise Regret (racist espn writer) (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020307) |
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Date: February 21st, 2012 9:50 PM Author: Heady Kitty Cat The initial step in determining whether a person is in Miranda custody is to ascertain, given “all of the circumstances surrounding the interrogation,” how a suspect would have gauged his freedom of movement. Stansbury v. California, 511 U. S. 318, 322, 325. However, not all restraints on freedom of movement amount to Miranda custody. See, e.g., Berkemer v. McCarty, 468 U. S. 420, 423. Shatzer, distinguishing between restraints on freedom of movement and Miranda custody, held that a break in Miranda custody between a suspect’s invocation of the right to counsel and the initiation of subsequent questioning may occur while a suspect is serving an uninterrupted term of imprisonment. If a break in custody can occur,it must follow that imprisonment alone is not enough to create a custodial situation within the meaning of Miranda. At least three stronggrounds support this conclusion: Questioning a person who is alreadyin prison does not generally involve the shock that very often accompanies arrest; a prisoner is unlikely to be lured into speaking by alonging for prompt release; and a prisoner knows that his questioners probably lack authority to affect the duration of his sentence. Thus, service of a prison term, without more, is not enough to constitute Miranda custody. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020321) |
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Date: February 21st, 2012 9:51 PM Author: Crimson Corn Cake Windowlicker (slim shady douche) (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020329) |
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Date: February 21st, 2012 9:51 PM Author: Cerise Regret i still don't understand your schtick brother
maybe i just haven't taken the time, but i'm defaulting to the opinion that you're mentally ill |
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Date: February 21st, 2012 9:52 PM Author: Crimson Corn Cake Windowlicker he's dumb too. (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020341) |
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Date: February 22nd, 2012 12:50 PM Author: Heady Kitty Cat (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20025110) |
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Date: February 21st, 2012 9:49 PM Author: Crimson Corn Cake Windowlicker being questioned while a prisoner is NOT a violation of clearly established federal law (with respect to the SPS made up bullshit miranda rule) (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#20020320) |
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Date: November 27th, 2013 12:11 AM Author: Exhilarant brethren (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#24519324) |
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Date: November 27th, 2013 12:14 AM Author: Lascivious ultramarine trump supporter striped hyena (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#24519340) |
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Date: October 9th, 2015 9:02 AM Author: Crimson Corn Cake Windowlicker 1800000000000000000000 (http://www.autoadmit.com/thread.php?thread_id=1879658&forum_id=2#28932081) |