Fifth Amendment gutted

Post by Adam H. Kerman
The Armed Attorneys, Second Amendment advocates, do a video on a recent
case in which Texas Court of Criminal Appeals narrows rights under
the Fifth Amendment.
Video from Dec 4, 2024.
http://youtu.be/5P9Hy6BpBe4
Man is questioned by police for hours. When the questions turn hostile,
he says he needs a lawyer. They keep on questioning him. Then he's
arrested on outstanding warrants and they keep on questioning him.
Many hours later, he confesses to a terrible crime.
At trial, the unconstitutionally collected evidence is suppressed.
The appellate court reversed: He invoked his right at the wrong time.
The opinion is that he wasn't yet being questioned, even though he'd
been answering police questions for several hours.

Can he appeal further? With a bit of luck, the appellate court will be
reversed in turn.

--
Rhino

Adam H. Kerman

2025-01-26 18:11:18 UTC

Can he appeal further? With a bit of luck, the appellate court will be
reversed in turn.

This is the highest court of criminal appeals for Texas.

I don't know if there's a route through federal courts (habeas corpus
petition in equity) or even if there's a way to appeal to the United
States Supreme Court. Unless there's a federal issue defined in law, you
can't get into federal court.

BTR1701

2025-01-26 19:17:51 UTC

Can he appeal further? With a bit of luck, the appellate court will be
reversed in turn.

This is the highest court of criminal appeals for Texas.
I don't know if there's a route through federal courts

Well, it's a federal issue since the controversy hinges on the 6th Amendment.
I'd say the route to the federal courts is clear.

Post by Adam H. Kerman
Unless there's a federal issue defined in law, you
can't get into federal court.

How are the Bill of Rights not a federal issue?

Adam H. Kerman

2025-01-26 20:27:03 UTC

Can he appeal further? With a bit of luck, the appellate court will be
reversed in turn.

This is the highest court of criminal appeals for Texas.
I don't know if there's a route through federal courts

Well, it's a federal issue since the controversy hinges on the 6th Amendment.
I'd say the route to the federal courts is clear.

Ok. I'm not pretending to understand how the defendant can get into
federal court. Is it through equity or another route?

You can't just count on an appeal to the United States Supreme Court as
the appeal is unlikely to be accepted.

I'm sure Texas disobeyed various federal court decisions. They can get
away with it too till the US Supreme Court reigns them in. A federal
district court judge cannot, right?

I'm not being disagreeable here. I really don't know how this guy can
persue his rights in federal court.

Post by Adam H. Kerman
Unless there's a federal issue defined in law, you can't get into
federal court.

How are the Bill of Rights not a federal issue?

BTR1701

2025-01-26 20:29:42 UTC

Can he appeal further? With a bit of luck, the appellate court will be
reversed in turn.

This is the highest court of criminal appeals for Texas.
I don't know if there's a route through federal courts

Well, it's a federal issue since the controversy hinges on the 6th Amendment.
I'd say the route to the federal courts is clear.

Ok. I'm not pretending to understand how the defendant can get into
federal court. Is it through equity or another route?
You can't just count on an appeal to the United States Supreme Court as
the appeal is unlikely to be accepted.
I'm sure Texas disobeyed various federal court decisions. They can get
away with it too till the US Supreme Court reigns them in. A federal
district court judge cannot, right?
I'm not being disagreeable here. I really don't know how this guy can
persue his rights in federal court.

Just file a motion to transfer with the federal district court in his area. If
accepted, and it ought to be, given the issue in controversy, the federal
judge will issue an order to the state court system ordering the transfer of
the case.

Adam H. Kerman

2025-01-26 20:35:36 UTC

Can he appeal further? With a bit of luck, the appellate court will be
reversed in turn.

This is the highest court of criminal appeals for Texas.
I don't know if there's a route through federal courts

Well, it's a federal issue since the controversy hinges on the 6th Amendment.
I'd say the route to the federal courts is clear.

Ok. I'm not pretending to understand how the defendant can get into
federal court. Is it through equity or another route?
You can't just count on an appeal to the United States Supreme Court as
the appeal is unlikely to be accepted.
I'm sure Texas disobeyed various federal court decisions. They can get
away with it too till the US Supreme Court reigns them in. A federal
district court judge cannot, right?
I'm not being disagreeable here. I really don't know how this guy can
persue his rights in federal court.

Got it. So not necessarily equity.

Thank you.

BTR1701

2025-01-26 19:16:43 UTC

Post by Adam H. Kerman
The Armed Attorneys, Second Amendment advocates, do a video on a recent
case in which Texas Court of Criminal Appeals narrows rights under
the Fifth Amendment.

How does a state appellate court have the legal jurisdiction to redefine the
scope of the federal Constitution?

Post by Adam H. Kerman
Video from Dec 4, 2024.
http://youtu.be/5P9Hy6BpBe4
Man is questioned by police for hours. When the questions turn hostile,
he says he needs a lawyer. They keep on questioning him. Then he's
arrested on outstanding warrants and they keep on questioning him.
Many hours later, he confesses to a terrible crime.
At trial, the unconstitutionally collected evidence is suppressed.
The appellate court reversed: He invoked his right at the wrong time.
The opinion is that he wasn't yet being questioned, even though he'd
been answering police questions for several hours.

Again, that flies in the face of cases decided by SCOTUS. How does a Texas
court believe it has the ability to invalidate SCOTUS precedent?

Oh, and if the issue is when he asked for a lawyer, that would be the 6th
Amendment, not the 5th Amendment.

Adam H. Kerman

2025-01-26 20:33:57 UTC

Post by Adam H. Kerman
The Armed Attorneys, Second Amendment advocates, do a video on a recent
case in which Texas Court of Criminal Appeals narrows rights under
the Fifth Amendment.

How does a state appellate court have the legal jurisdiction to redefine the
scope of the federal Constitution?

Again, that flies in the face of cases decided by SCOTUS. How does a Texas
court believe it has the ability to invalidate SCOTUS precedent?
Oh, and if the issue is when he asked for a lawyer, that would be the 6th
Amendment, not the 5th Amendment.

It's both. I didn't summarize enough of the discussion, as the trial
court judge threw out the evidence, in part, due to the violation of his
right against self incrimination. He was questioned for twelve hours, at
least 10 hours after he asked for a lawyer.

The evidence that was thrown out was all related to the forced
confession. A coerced confession violates the Fifth Amendment.

John Smyth

2025-01-27 02:19:56 UTC

Fewer rights are better for all. Thanks Texas!

Pluted Pup

2025-01-27 03:37:40 UTC