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United States Leading Case uncategorised

Berghuis v Thompkins

560 U.S. 370 (2010)
JurisdictionUnited States
CourtUS Supreme Court
Year2010
StatusBinding authority

Summary

A suspect must unambiguously invoke the right to remain silent to cut off questioning; silence alone is insufficient to invoke Miranda protections.

Key Principle

Fifth Amendment; Miranda; suspect must unambiguously invoke right to remain silent; silence alone insufficient

Area of Law

criminal

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Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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