Petition of the day
The petition of the day is:
Issue: Whether, when a custodial suspect upon Miranda advice literally states that he chooses to remain silent, “clearly established Federal law” both (1) prohibits a state court from considering objective circumstances suggesting that the suspect did not intend to invoke his right; and (2) precludes the police from briefly asking the suspect to confirm his intent, so long as they commence any interrogation only after the suspect then explicitly agrees to talk.
Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Apr. 22, 2013, 10:02 PM), http://www.scotusblog.com/2013/04/petition-of-the-day-439/