36+ Berghuis V. Thompkins 157 PNG. On appeal, thompkins argued that his confession was obtained in violation of the fifth amendment and that he was denied effective counsel at trial. The gov ernment has the burden to establish waiver by a prepon derance of the evidence.
Justice john kennedy delivered the opinion for the court joined by justice roberts.
After advising respondent thompkins of his rights, in full compliance with miranda v. 370 (2010), is a landmark decision by the united states supreme court in which the court considered the position of a suspect who understands their right to remain silent under miranda v. Morris died from multiple gunshot wounds and another victim, france, recovered from his injuries and testified. Purchase the printed copy at bsmsphd.com.
