USSC: Conservative Majority Limits Miranda

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS

Berghuis v. Thompkins, No. 08-1470

In a murder prosecution, the Sixth Circuit’s reversal of the district court’s denial of petitioner’s habeas petition is reversed where the state court’s decision rejecting petitioner’s Miranda claim was correct under de novo review and therefore necessarily reasonable under the Antiterrorism and Effective Death Penalty Act’s more deferential standard of review because petitioner’s silence during his interrogation did not invoke his right to remain silent.