Tuesday, November 5, 2013

Minnick v. Mississippi case brief

Minnick v. Mississippi case brief summary
498 U.S. 146 (1990)

The state court (Mississippi) denied petitioner prisoner's application for habeas corpus relief finding that his Fifth Amendment right to counsel was satisfied when counsel was made available to the prisoner. The prisoner appealed.

The prisoner and his friend escaped from a county jail and broke into a mobile home. Two of the residents of such home were killed. The prisoner was arrested and requested an attorney. The prisoner spoke with his attorney. Federal Bureau of Investigation agents and the local police made persistent attempts to persuade the prisoner to waive his rights. The prisoner resisted, but eventually submitted to interviews without his attorney present. The prisoner was convicted. The prisoner filed a petition for habeas corpus relief alleging that his statements were taken in violation of his right to counsel under the Fifth Amendment. The state court denied the prisoner's application finding that since counsel was made available to the prisoner, his Fifth Amendment right to counsel was satisfied.

  • On appeal, the court found that that the prisoner's Fifth Amendment protection was not terminated or suspended by consultation with counsel. 
  • When counsel was requested, the interrogation of the prisoner had to cease. 
  • Officials could not reinitiate interrogation without the presence of the prisoner's attorney.


The court reversed the decision and remanded for further proceedings because the prisoner'sFifth Amendment protection did not cease once he consulted with his attorney.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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