Monday, November 13, 2006

I Wonder If "No" Still Means "No"

The Ninth Circuit blog has a post about a really disturbing case that the court decided last week. In Anderson v. Terhune, the Ninth held (2-1) that a person being questioned by police does not have his right to remain silent violated when the cops keep asking questions once he says "I plead the Fifth." Actually, the cops said "what's that?", sadly. I know this was a habeas case from state court, meaning the Ninth has to be doubly deferential to the state court's resolution of the issue, but they've taken flyers on much less clear issues before!

1 comment:

Anonymous said...

That's downright scary!