Editor's Note :

close editor's note Editor's Note :

On Tuesday, the justices will hear oral argument in Department of Homeland Security v. Regents of the University of California. Amy Howe has our preview.
Also on Tuesday, the justices will hear oral argument in Hernandez v. Mesa. Amy Howe has our preview.

Briefly Mentioned :

Briefly Noted :

The Supreme Court released additional orders from the November 8 conference. The justices did not add any new cases to their merits docket.

Howes v. Fields

Docket No. Op. Below Argument Opinion Vote Author Term
10-680 6th Cir. Oct 4, 2011
Tr.Aud.
Feb 21, 2012 6-3 Alito OT 2011

Holding: The Sixth Circuit’s categorical rule – that an interrogation is per se custodial, for purposes of Miranda v. Arizona, when a prisoner is questioned in private about events occurring outside the prison – is not clearly established by Supreme Court precedent. And by a vote of six to three, the Court held that the Sixth Circuit’s rule is also wrong.

Judgment: Reversed, 6-3, in an opinion by Justice Alito on February 21, 2012. Justice Ginsburg filed an opinion concurring in part and dissenting in part, which Justices Breyer and Sotomayor joined.

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