Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al.
DueProcess CriminalProcedure HabeasCorpus
When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, rendered the statement in voluntary and violating his Fifth Amendment right against self-incrimination?
QUESTION(S) PRESENTED 1. When Detective Lopez told Petitioner that his statement could be used in his favor, did Detective Lopez subverted the Miranda warning, thus, rendered the statement in voluntary and violating his Fifth Amendment right against self-incrimination? 2. Did the Third Circuit erred in deferring to the state court’s finding that Petitioner was not prejudiced by trial counsel’s failure to supply the courts with additional critical information at the suppression hearing; which could of have changed the cutcome at suppression hearing such as fear of police, neurological conditions (mental health)? ai ‘ t . :