United States Sixth Circuit

District court's conditional grant of defendant's petition of habeas relief from his conviction for third degree criminal sexual conduct is affirmed where: 1) under Mathis v. US, 391 U.S. 1 (1968), a Miranda warning is required whenever an incarcerated individual is isolated from the general prison population and interrogated about conduct occurring outside the prison; 2) the Michigan Court of Appeals' conclusion that, although defendant was in custody, interrogation without a Miranda warning was permissible because the questioning concerned an unrelated matter contradicts clearly established federal law as determined by the Supreme Court in Mathis; and 3) there is no question that the failure to suppress defendant's confession was not harmless error.

Appellate Information

• Argued 03/05/2010
• Decided 08/20/2010
• Published 08/20/2010

Judges

• POLSTER, District Judge

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Brian O. Neill, Elizabeth L. Jacobs