Remedial Law, 2010 Bar — Question XI

ESSAY

X was arrested for the alleged murder of a 6-year old lad. He was read his Miranda rights immediately upon being apprehended. In the course of his detention, X was subjected to three hours of non-stop interrogation. He remained quiet until, on the 3rd hour, he answered "yes" to the question of whether "he prayed for forgiveness for shooting down the boy." The trial court, interpreting X’s answer as an admission of guilt, convicted him. On appeal, X’s counsel faulted the trial court in its interpretation of his client’s answer, arguing that X invoked his Miranda rights when he remained quiet for the first two hours of questioning. Rule on the assignment of error. (3%)

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