Second Circuit — ‘Miranda’: Hawthorne v. Schneiderman

U.S. Court of Appeals for the Second Circuit

‘Miranda’

Waiver

Hawthorne v. Schneiderman
10-4324-pr
Judges Calabresi, Cabranes and Lohier

Background: The petitioner appealed from a judgment denying his petition for a writ of habeas corpus. The petitioner had been incarcerated for the criminal possession of a weapon and assault. The petitioner challenged the admissibility of his confession arguing that his Miranda rights were violated and his confession ought to have been suppressed.

Ruling: The Second Circuit affirmed. The record established that the investigators interviewing the petitioner had halted the interview the moment he began to implicate himself.  They then issued the Miranda warnings, took a written statement and a video-taped statement following the petitioner’s waiver of his Miranda rights.

Julia Pamela Heit for the petitioner-appellant; Daniel Bresnahan, assistant sistrict attorney, for the respondent-appellee