DueProcess FifthAmendment FourthAmendment Punishment CriminalProcedure Securities Privacy JusticiabilityDoctri
Whether the trial court erred in refusing to suppress statements made by James Herard under the 5th and 14th Amendments and Miranda v. Arizona, and whether the court improperly denied expert testimony on interrogation techniques and imposed a death sentence based on a jury recommendation
QUESTION PRESENTED FOR REVIEW I, WHETHER THE TRIAL COURT REVERSIBLY ERRED BY REFUSING TO SUPPRESS JAMES HERARD’S STATEMENTS PURSUANT TO THE 5th AND 14th AMENDMENTS TO THE UNITED STATES CONSTITUTION AND MIRANDA v ARIZONA AS THEY WERE NOT VOLUNTARY, WERE MADE AFTER HE REQUESTED COUNSEL, AND SUBSEQUENTLY AFTER HIS COUNSEL INVOKED HIS RIGHT TO COUNSEL AND TO REMAIN SILENT? fl. WHETHER THE TRIAL COURT REVERSIBLY ERRED BY REFUSING TO ALLOW JAMES HERARD’S EXPERT WITNESS TO TESTIFY CONCERNING THE REID TECHNIQUE IN INTERROGATIONS AND FALSE CONFESSIONS? Il. WHETHER JAMES HERARD WAS UNLAWFULLY AND IMPROPERLY SENTENCED TO DEATH BY A JUDGE BASED UPON AN 8-4 JURY RECOMMENDATION? INTERESTED