May It Please the Court

 
Cast & Credits
Douglas Wambaugh Fyvush Finkel
John Littleton Don Cheadle  Kimberly Brock Holly Marie Combs
Directed By David Kelley.

Running Time: 14 Minutes.

BY STEPHEN LEE /March 24, 2004

THE FACTS

•Brian Latham was arrested for murder, and given his Miranda rights by deputy Sherriff Ken Lakos in Rome, Wisconsin.
•Latham requested an attorney.
•Latham met with his attorney, Douglas Wambaugh, who advised him to keep silent.
•After Wambaugh left, Lakos began a conversation with Latham.
•Knowing Latham was a devout Catholic, Lakos asked Latham where the body of the victim was so that she could receive last rites from a priest.
•Latham told Lakos where to find the body.
•District Attorney Don Littleton prosecuted and obtained a conviction and death penalty based on Latham’s implicit confession.
•Wambaugh appealed, and the case has now gone to the Supreme Court.

The Law (Legal Precedent)
•Miranda v. Arizona, 1966, suspects must be informed of their right to counsel and their right to remain silent before interrogation.
•Brewer v. Williams, 1977, a person is entitled to the help of a lawyer as soon as he is arrested
•Edwards v. Arizona, 1981, interrogation must stop when a suspect invokes the right to counsel. 
•Minnick v. Mississippi, 1990, when counsel is requested, officials may not reinitiate interrogation without counsel present whether or not the accused has already consulted with his attorney.

ASSIGNMENT

  1. Using the organizational chart of the Wisconsin state court system, what would be the court of original jurisdiction in the case of People v Latham? 
  2. What levels of courts would Wambaugh, Latham's attorney, have to appeal to before he got to the US Supreme Court?
  3. What procedures would Wambaugh have had to follow to get the Latham case heard by the Supreme Court?
  4. How many justices would have to agree to hear Latham's appeal?
  5. Why would the Supreme Court have agreed to hear this case? 
  6. What rights are Wambaugh asserting have been violated in Latham's case?
  7. How does Wambaugh relate the precedent cases to the Latham case?  How similar are they? How different?
  8. What does Justice Ginsberg mean when she asks Wambaugh if he is asking for a ruling in law or a ruling on the facts?  How does Wambaugh respond?
  9. The Wisconsin District Attorney, Littleton, asks the Supreme Court to "overturn" another case, stating that it is 'bad law'.  What does that mean?  How often does that happen?
  10. What would YOU decide in the case of Latham v Wisconsin? Why? (Remember the Doctrine of Stare Decisis!)

Answer these questions on the worksheet and turn them in at the end of the period today.

 

 

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