Berghuis v. Thompkins
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1470 | 6th Cir. |
Mar 1, 2010 Tr. |
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.
SCOTUSblog Coverage
- 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
Merits Briefs
- Brief for Petitioner Mary Berghuis
- Brief for Respondent Van Chester Thompkins
- Reply Brief for Petitioner Mary Berghuis
Amicus Briefs
- 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
Certiorari-stage documents
- Opinion below (6th Circuit)
- Petition for certiorari
- Petitioner's reply
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