Re: Fifth Amendment gutted

BTR1701 <atropos@mac.com> wrote:

Jan 25, 2025 at 10:57:55 PM PST, Adam H. Kerman <ahk@chinet.com>:

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?

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.

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.