Our Miranda Rights - Everything about Miranda Rights by Dr.Bethel Erastus-Obilo

 

 

Hoskins77 was arrested for a traffic violation while driving a stolen car. On each of the following four days he gave police a different custodial confession regarding the fate of the car's owner, including leading police to the owner’s body. Using the confessions, the case was cleared by Hoskins’ arrest for murder.

Prior to trial, Hoskins raised Miranda challenges to each of his four confessions. The trial Judge suppressed two of these, including the one given in conjunction with location of the body, but determined that evidence taken from the body was admissible under “inevitable discovery”.

The State did not use any of Hoskins' confessions at trial, even the two the Judge refused to suppress. There was overwhelming physical, and circumstantial, evidence against Hoskins. His confessions, though incriminating, were attempts to minimize his own involvement, and shift guilt to others. Prosecutors decided that if the Jury was going to hear Hoskins' version of the crime, he would have to tell it from the witness stand, where he could be cross-examined. Hoskins elected not to testify. He was convicted, and is now on death row. His confessions, and the police actions that secured them, were not even considered by the Court that affirmed the conviction.78



77 Case 92-17795 CFA (Brevard County, Florida).

78 Conviction Affirmed, but remanded for further sentencing proceedings. Hoskins v State 702 So2d 202 (Fla. 1997)

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