Berghuis v. Thompkins, No. 08-1470; U.S. Supreme Court; opinion by Kennedy, J.; dissent by Sotomayor, J.; decided June 1, 2010. On certiorari to the U.S. Court of Appeals for the Sixth Circuit.
After advising respondent Thompkins of his rights, in full compliance with Miranda v. Arizona , 384 U.S. 436, Detective Helgert and another Michigan officer interrogated him about a shooting in which one victim died. At no point did Thompkins say that he wanted to remain silent, that he did not want to talk with the police, or that he wanted an attorney. He was largely silent during the three-hour interrogation, but near the end, he answered “yes” when asked if he prayed to God to forgive him for the shooting. He moved to suppress his statements, claiming that he had invoked his Fifth Amendment right to remain silent, that he had not waived that right, and that his inculpatory statements were involuntary. The trial court denied the motion.
