×
You've used up your 3 free articles for this month. Subscribe today.
Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly
by Jacob Barrett
On September 9, 2021, the Oregon Court of Appeals affirmed the assault conviction of a prisoner based on statements he made during a jail disciplinary proceeding, agreeing with him that they were obtained under “compelling circumstances” requiring Miranda warnings he wasn’t given but concluding nonetheless that admission ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule, by Matthew Clarke
- The Filth & the Fury: Philly Jails Descend into Murderous Chaos, by J.D. Schmidt
- From the Editor, by Paul Wright
- $1,425,000 Paid to Epileptic Illinois Detainee Denied Medication Who Suffered Seizure and Fell From Upper Bunk in Jail, by Jayson Hawkins
- Three Killed in Gang Activity at Mississippi Private Prisons Plus High-Profile Escape, But Only One MTC Guard Arrested, by Kevin Bliss
- Federal Judge Allows Retroactive Benefit Reduction for Incarcerated Veteran, by David Reutter
- The Catalog of Carceral Surveillance: Prison Gaming and AR/VR Services, by Beryl Lipton, Cooper Quintin
- California Appellate Court Reverses $2.7 Million Award for Wrongful Death of Woman Murdered by Grandson on Parole, by Jacob Barrett
- Ninth Circuit Strikes Nevada Ban on Muslim Prisoner’s Scented Prayer Oil, Allows Conditions-of-Confinement Claim Also to Proceed, by Mark Wilson
- Nakamoto Group Accused of Rubber-Stamping ICE Facility Inspections, by Alan Gaynor
- The Prisoner-Run Radio Station That’s Reaching Men on Death Row, by Keri Blakinger
- ACLU Wins FOIA Case at Michigan Supreme Court, Which Says Records May Be Exempted Only by Statute, Not Regulation, by David Reutter
- Floridians Face Prison for Voting from Jail, by Jenifer Lockwood, Panagioti Tsolkas
- Tenth Circuit Reinstates Federal Prisoner’s Claim Against BOP Over Denial of Muslim Group Prayer Five Times a Day, by Matthew Clarke
- Reinstating Suit by Louisiana Detainee’s Mother Over His Jail Suicide, Fifth Circuit Schools Lower Court in Meaning of “Standing”, by Matthew Clarke
- Vermont Supreme Court Keeps State Prisoner’s Challenge Alive to DOC’s Use of Expunged Convictions in Classification Decision, by Matthew Clarke
- $825,000 Paid to Estate of New Mexico Jail Detainee Who Died from Heroin Withdrawal, by Matthew Clarke
- Oregon Prison Superintendent Pleads Guilty to Drunk Driving and Interfering With Arrest, by Panagioti Tsolkas
- Eleventh Circuit Denies Qualified Immunity to Jail Guards Who “Did Nothing” in Face of Florida Detainee’s Suicide Threats, by David Reutter
- New York OIG Report Reveals 1,600 State Prisoners Punished Over Faulty Drug Tests, by Anthony Accurso
- $1.4 Million Paid by King County, Washington to Settle Juvenile Solitary Confinement Class Action, by Mark Wilson
- A First Glance in Rear-View Mirror at Pandemic, by Keith Sanders, Ashleigh Dye, Matthew Clarke, Kevin Bliss
- Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations, by Anthony Accurso
- After $10 Million Settlement in Pennsylvania Jail Mugshot Class-Action, Fewer-Than-Expected Claims Leave Windfall for Expungement Program, by David Reutter
- Kentucky Judge Gives Ex-Jail Guard Convicted of Sexually Assaulting Prisoner Chance to Re-Enlist in Army to Avoid Jail Time, by Keith Sanders
- $177,500 in Settlements Reached with Detainees Assaulted by Guards at Pennsylvania Jail, by Ashleigh Dye
- HRDC Sues Centurion for Records Related to Vermont Prisoner Care, by David Reutter
- Florida and California Experiments Use Direct Cash Assistance to Newly Released Prisoners to Combat Recidivism, by Mark Wilson
- $350,000 Paid to Victim Beaten in Jail by California Sheriff’s Deputy, by Benjamin Tschirhart
- Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly, by Jacob Barrett
- $35,000 Settlement Paid by California County After Jail Death of Elderly, Mentally Ill Detainee, by Benjamin Tschirhart
- Celebrity Prisoners Profit from NFT Sales of Their Work While Incarcerated, by Edward Lyon
- Idaho Supreme Court Finds Ladderless Bunks a “Sound Discretionary Decision,” But Says Resulting Injury Could Give Rise to Negligence Claim, by Jacob Barrett
- $40,000 Settlement Reached in HRDC Challenge to Nebraska Prison Censorship Policy, by David Reutter
- HRDC Sues Indiana Sheriff Over Censorship at County Jail, by Chuck Sharman
- Arizona Supreme Court Clarifies Rules for Asserting Attorney-Client Privilege for Communications from Jail, Including Texts Using Tablets, by Matthew Clarke
- Final Settlement Agreement Approved in COVID-19 Class Action at California Immigration Detention Center, by Matthew Clarke
- Settlement Improves ADA Accessibility Features, Health Care and Training in Florida Prisons, by Kevin Bliss
- Ohio Supreme Court Partially Reinstates Prisoner’s Pro Se Public Records Request, Sets Damages for Denial at $1,000, by Matthew Clarke
- Life Sentences Commuted for Two Massachusetts Prisoners Convicted of First-Degree Murder, by Keith Sanders
- News in Brief
- Mentally and Physically Disabled Texas Woman Hospitalized After Mistreatment at Jail, by Ashleigh Dye
More from Jacob Barrett:
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, July 15, 2023
- $17.675 Million Paid for New Yorker’s Wrongful Conviction, June 15, 2023
- Eighth Circuit Greenlights Arkansas Execution Protocol, June 15, 2023
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023
- Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, June 15, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, June 15, 2023
- Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, June 1, 2023
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, May 1, 2023
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, May 1, 2023
More from these topics:
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025. Miranda, Custodial Interrogations.
- Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, Dec. 15, 2024. Self Incrimination, Self-Incrimination Clause, Plea Agreements/Guilty Pleas.
- California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed, Aug. 15, 2024. Vehicle Searches, Consensual Encounters, Suppression, Miranda.
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
- Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements, June 15, 2024. Miranda, Custodial Interrogations, Interrogation, In Custody.
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, March 15, 2024. Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness.
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, Feb. 15, 2024. Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, Sept. 15, 2022. Fifth Amendment, Miranda.
- New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation, Aug. 15, 2022. Police Misconduct, Custodial Interrogations/Statements, Miranda.
- Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings, May 1, 2022. Miranda, Custodial Interrogations.