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Tag Archives: Fifth Amendment

U.S. Supreme Court: Psych evidence doesn’t violate Fifth Amendment

Defendants who offer a diminished capacity defense cannot seek to exclude rebuttal evidence from court-ordered mental evaluations on Fifth Amendment grounds, the U.S. Supreme Court ruled in Kansas v. Cheever, No. 12-609. The justices reversed a contrary ruling from the ...

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Second Circuit — Fifth Amendment: United States v. Okatan

U.S. Court of Appeals for the Second Circuit Fifth Amendment Non-custodial Interrogation United States v. Okatan 12-1563-cr Judges Lynch, Lohier and Carney Background: The defendant was convicted of three counts relating to his transportation of illegal aliens into the United ...

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Second Circuit — Fifth Amendment: United States v. Ramos

U.S. Court of Appeals for the Second Circuit Fifth Amendment Polygraph — Compulsion United States v. Ramos 10-4802-cr Judges Winter, Raggi and Chin Background: The defendant was convicted of receiving and possessing child pornography. On appeal, he argued that his ...

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