8 Matching Annotations
  1. Nov 2021
    1. SynopsisBackground: Defendant was charged with murder and tampering with evidence. The 243rd District Court, El Paso County, Luis Aguilar, J., suppressed two of three custodial statements. State appealed. The El Paso Court of Appeals, 2018 WL 4659578 and 2018 WL 4660185, affirmed in part and reversed in part. State petitioned for discretionary review, which was granted.Holding: The Court of Criminal Appeals, Keel, J., held that officers misled defendant into believing that her recorded statement during car ride with officers looking for body would not be used against her.

      TDCAA: If you had read the lower court’s opinion and all the briefs in this case, you would never have expected the majority opinion that came from the court this week. Everyone assumed that Bible applied to this case—it was just a question of whether, under the Bible factors, the second statement was part of a second interview or merely a continuation of the first. But the court holds that Bible is inapplicable when the second statement is not itself “warned and waived.” This turns the Bible analysis on its head: If the interview was a continuation under Bible, then it was warned and waived.

      You can view the majority’s opinion one of two ways, neither of which is explicit in the opinion. First, the majority may be saying that if a statement is involuntary under Art. 38.21, then the Art. 38.22, §3 recording requirements are irrelevant. But the majority never actually holds that the statement was involuntary in light of the trial court’s findings.

      Second, the majority may be implicitly adopting Judge Yeary’s view that the recording requirements in Art. 38.22, §3 apply to each discrete recording—regardless of how many separate statements or interrogations there are. But again, the majority doesn’t actually hold this. Instead, the majority hedges and simply claims to distinguish Bible based on “the unique facts of this case.” In the meantime, prosecutors should probably advise detectives to re-Mirandize whenever they start a new recording. Just in case.

  2. Sep 2021
  3. Aug 2021
    1. The confession-book, I suppose, has disappeared. It is twenty years since I have seen one. As a boy I told some inquisitive owner what was my favourite food (porridge, I fancy), my favourite hero in real life and in fiction, my favourite virtue in woman, and so forth.

      The form of some of these questions in confession albums is similar to modern day security questions asked by banks and personal accounts as a sort of personal password or shibboleth.

    2. By the end of the decade, the printed and bound confession book had been introduced. The earliest currently known example with a printed publication date is Mental Photographs, an album published in New York in 1869, which contained place for a photograph as well as the set of questions (a combination already found in Jenny Marx's album).[9]

      This seems like something that could be profitably published into children's school yearbooks for being filled out by friends. They've already got names and photographs, and usually are autographed with quotes or notes already.

      These could be tied into personal websites as well.

  4. Jun 2020
    1. everywhere i have been has had extremely kind sweet people doing an amazing job to keep things level & reasonable for everyone else there.

      which does sometimes just make me so sad because everything not going great feels like it's my fault & probably is.

  5. Dec 2019
  6. Oct 2019
    1. “It’s always things like, ‘I have nothing of my own, my parents surveil the portal constantly and read all my texts.’” Or, “I’m not allowed to do anything for myself.”

      confession of helicopter child.

  7. Jun 2019
    1. “Because the bully had no prior record of bullying, and even though there were so many different days and incidents of physical assault, it was treated as a one-time offense, and for a one-time offense you just get a short talk and a call home,”

      In order for suspension and expulsion, there must be multiple offense. In this case, there are witnesses and a confession, but that is not enough. Even though there were many different days and incidents of physical assault this is considered a one-time offense? A short talk and a phone call home is the consequences of a death threat and physical assault? Where is the importance of bullying would not be tolerated? Where is the importance of ensuring the victim's safety? This is why this whole system fail to tackle on the issue of bullying. The limit of what the school can do is unjust. How is that resolved? The victim and their family would still feel unsafe, fear, and paranoia.