Mentally Retarded Defendant Incompetent to Waive Miranda Rights and Confess to Murders; Ruling Not Disturbed

Illinois v. Braggs, 810 N.E.2d 472 (Ill. 2004)

The Illinois Supreme Court reversed the conviction of a criminal defendant who was mentally retarded after it found that she was incompetent to waive her Miranda rights.  As a result, the confessions she had given the police were suppressed and a new trial was required if the state wished to continue to prosecute her for a pair of murders that occurred in a Chicago apartment where she was present...

Found in DMHL Volume 24 Issue 2

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Teacher Claimed Constitutional Rights Violated When Arresting Police Officers Failed to Adequately Question Credibility of Special Needs Student Who Asserted Teacher Sexually Fondled Him

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Child Sexual Abuse Victims Can Be Required to Undergo a Mental Health Evaluation to Determine Credibility of the Report of Abuse; Ruling Not Disturbed