Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

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.

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