Berghuis v. Thompkins Page 2

Berghuis v. Thompkins general information

Media for Berghuis v. Thompkins

Audio Transcription for Oral Argument - March 01, 2010 in Berghuis v. Thompkins

Audio Transcription for Opinion Announcement - June 01, 2010 in Berghuis v. Thompkins

Anthony M. Kennedy:

There is no evidence that Thompkins statement coerced, nor were the police required to obtain a waiver of Thompkins’ right to remain silent before interrogating him.

In 1979, in North Carolina versus Paul Butler, this Court rejected that argument and we adhere to that decision today.

In sum the State Court’s decisions rejecting -- decision rejecting Thompkins' Miranda claim was correct.

The second issue in this case is whether Thompkins counsel provided ineffective assistance by failing to request the limiting instruction regarding how the jury could consider the outcome of an accomplice’s trial.

For reasons given in our opinion the record establishes that it was not reasonably likely that the instruction would have made any difference in light of all the other evidence of guilt.

The judgment of the Court of Appeals is reversed.

The case is remanded with instructions to deny the petition.

Justice Sotomayor has filed a dissenting opinion in which Justices Stevens, Ginsburg and Breyer have joined.