Berghuis v. Thompkins
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Mar 1, 2010
|Jun 1, 2010||5-4||Kennedy||OT 2009|
Holding: The police are required to stop questioning a suspect once he invokes his Miranda right to remain silent. In this case, the Court held that a suspect did not invoke his right to remain silent by simply not answering questions. Instead, a suspect must unambiguously invoke his right to remain silent before the police are required to end their questioning.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on June 1, 2010. Justice Sotomayor filed a dissenting opinion, joined by Justices Stevens, Ginsburg, and Breyer.
- Analysis: Tilting Miranda toward the police
- When does a suspect waive his right to remain silent?
- How does AEDPA affect Fifth and Sixth Amendment claims?
Briefs and Documents
- Brief for Petitioner Mary Berghuis
- Brief for Respondent Van Chester Thompkins
- Reply Brief for Petitioner Mary Berghuis
- Brief for Wayne County, Michigan in Support of Petitioner
- Brief for Criminal Justice Legal Foundation in Support of Petitioner
- Brief for United States of America in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers in Support of Respondent