In Maryland v. Shatzer, the first case of the October 2009 SCOTUS Term, the Court heard oral arguments regarding the scope of the Edwards prohibition on interrogation once a right to counsel has been asserted. Maryland Attorney General Douglas Gansler urged the Court to adopt a bright-line rule terminating the Edwards prohibition following a break in custody from custodial interrogation, which would include Mr. Shatzer's return to the prison population where he resided while serving time for another crime.

Details.

What are the chances that SCOTUS will agree to a change? (Few would have predicted the change last term that overruled the rule prohibiting waiver of the right to counsel for the purpose of interrogation following appointment of counsel.)

SCOTUS unanimously did adopt a new rule. If there is a break in custodial interrogation of at least 14 days, then the previous request for counsel does not create an insurmountable barrier from re-approaching the defendant.

For Scalia's opinion, click here.

[This message was edited by JB on 02-24-10 at .]

Sweet! I'm going to get rich rich RICH selling software to defense attorneys!

My new software will automatically spam the authorities every 10 days to renew the client's invocation of their Miranda rights. I'll send fax and email to DPS, DA, CA, Sheriff, PD, TABC, ATF, DEA, FBI, KGB, and maybe even the NCAA!

It's kind of a relief to get a bright line rule for a change instead of more three-prong tests. Makes you wonder how they compromised on precisely two weeks as the magic number, though.

Then shalt thou count to two weeks, no more, no less. Two weeks shall be the number thou shalt count, and the number of the counting shall be two weeks. Three weeks shalt thou not count, neither count thou one, excepting that thou then proceed to two. Four weeks is right out.

Once the number two, being the second number, be reached, then askest thou for a waiver of Miranda rights from thy foe, who, being naughty in my sight, shall waive them.

Amen.

Ask and a fortnight yea shall have.