Augustine L. Cavitte v. Nebraska
AdministrativeLaw FifthAmendment DueProcess CriminalProcedure
Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards?
Questions Presented 1) Did the lower courts err in finding Ms. Cavitte’s statements admissible contrary to present Miranda standards? a. Did the Nebraska Court of Appeals err in creating an arbitrary exception to the Miranda requirement for “questions regarding a suspect’s apparent injuries?” b. Did the Nebraska Court of Appeals fail to properly address the voluntariness of Ms. Cavitte’s statements due to violations committed by law enforcement under Seibert. 2) Did the prosecutor commit prosecutorial misconduct when he commented on Ms. Cavitte’s failure to divulge her claim of self-defense to the prosecution or law enforcement prior to the trial? i.