Re: Fifth Amendment gutted

On Jan 26, 2025 at 12:27:03 PM PST, ""Adam H. Kerman"" <ahk@chinet.com>
wrote:
>

BTR1701 <atropos@mac.com> wrote:

Jan 26, 2025 at 10:11:18 AM PST, Adam H. Kerman <ahk@chinet.com>:

Rhino <no_offline_contact@example.com> wrote:

On 2025-01-26 1:57 AM, Adam H. Kerman wrote:

 

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.
https://www.youtube.com/watch?v=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.

 

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.