Smiley v. Thurmer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because the defendant was subject to “express questioning,” the lower court should not have considered whether question was reasonably likely to elicit an incriminating response
• “It is clear from the language, facts and context of Innis, that the Supreme Court defined interrogation as (1) express questioning; or (2) its functional equivalent.”
• “The Supreme Court has limited the impeachment exception to Miranda, first articulated in [Harris], to situations in which the defendant elects to testify at trial.” (emphasis added; collecting cases)
• affirming grant of habeas relief regarding Miranda violation

Source: CourtListener parenthetical corpus (CC0).