U.S. v. Johnson
Decision Date | 23 April 2002 |
Docket Number | Nos. CR 00-3034-MWB, CR 01-3046-MWB.,s. CR 00-3034-MWB, CR 01-3046-MWB. |
Citation | 196 F.Supp.2d 795 |
Parties | UNITED STATES of America, Plaintiff, v. Angela JOHNSON, Defendant. |
Court | U.S. District Court — Northern District of Iowa |
Alfred E. Willett, Terpstra, Epping & Willett, Cedar Rapids, IA, Dean A. Stowers, Rosenberg Law Firm, Des Moines, IA, Thomas P. Frerichs, Frerichs LAw Office, Waterloo, IA, PAtrick J. Berrigan, Watson & Dameron, LLP, Kansas City, MO, Philip A. MacTaggart, Federal Public Defender, Davenport, IA, Robert R. Rigg, Drake University Legal Clinic, Des Moines, IA, for Defendant.
Patrick J. Reinert, Charles J. Williams, U.S. Atty's Office, Northern District of Iowa, Cedar Rapids, IA, for U.S.
Was there a "Massiah violation" of a defendant's Sixth Amendment right to counsel when a singularly adept and seasoned federal jailhouse informant obtained self-incriminating statements from the defendant shortly after her indictment and arrest on charges that carry the federal death penalty? The government contends that the informant initially procured incriminating statements as an "entrepreneur," but thereafter followed instructions to act merely as a "listening post" while the defendant volunteered more incriminating statements, including the location of the bodies of murdered witnesses. The government also contends that its continuing investigation of the defendant, including use of the informant, was appropriate to discover evidence of other...
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...the instruction of a government official." United States v. Watson , supra, 894 F.2d at 1347–48 ; see also United States v. Johnson , 196 F. Supp. 2d 795, 855, 860 (N.D. Iowa 2002) (fact that defendant was in custody demonstrated deliberate elicitation but was not relevant to agency), rev'd......
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...in conduct that, considering all of the circumstances, is the functional equivalent of interrogation.”). But cf. United States v. Johnson, 196 F.Supp.2d 795, 841 (N.D.Iowa 2002), rev'd on other grounds, 338 F.3d 918, 923 (8th Cir.2003) (noting that the defendant conceded that she bore the b......