497 U.S. 1011 (1990)

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U.S. Supreme Court

BRADLEY v. OHIO , 497 U.S. 1011 (1990)

497 U.S. 1011

William J. BRADLEY, petitioner
OHIO. No. 89-5346.

Case below, 42 Ohio St.3d 136, 538 N.E.2d 373; 43 Ohio St.3d 712, 541 N.E.2d 78.

The petition for writ of certiorari to the Supreme Court of Ohio.

June 25, 1990. Denied.

Rehearing Denied Aug. 30, 1990.

See 497 U.S. 1050.

Justice BRENNAN, dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 2950, 49 L. Ed.2d 859 (1976), I would grant certiorari and vacate the death sentence in this case.

Justice MARSHALL, dissenting.

In Miranda v. Arizona, 384 U.S. 436 ( 1966), this Court held that "the prosecution may not use statements, whether exculpa-

Page 497 U.S. 1011 , 1012

tory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." Id., at 444. Consistent with the need for a bright-line rule, the Court adopted a straightforward definition of "custodial interrogation ": "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Ibid. In this case, petitioner, a prison inmate, challenged the admission of statements he made in response to direct questioning by prison officials following the murder of a prison employee on the ground that they had not given him the Miranda warnings. Notwithstanding Miranda 's clear language, the State Court of Appeals held that petitioner was not in custody for purposes of Miranda, see No. 1583, 1987 WL 17303 (Sept. 22, 1987), App. to Pet. for Cert. A-129-A-130, and the Ohio Supreme Court affirmed this point without discussion, 42 Ohio St. 3d 136, 148, 538 N.E.2d 373, 385 (1989). Because the Courts of Appeals have approached the issue of what constitutes custody in the prison setting in differing ways,* this Court should grant the petition for certiorari to state clearly when Miranda applies in this context.

On February 2, 1984, the supervisor of the Southern Ohio Correctional Facility's sheet metal shop was beaten to death. Immediately after the murder, prison officials closed off the shop area and began to conduct a strip search of the inmates there. During the search, the officials found blood on one inmate's clothing. When he was asked for an explanation, another inmate, petitioner William Bradley, told the officials that the first prisoner "had nothing to do with this." 42 Ohio St.3d, at 138, 538 N.E.2d, at 376. The officials then searched petitioner and found blood on his clothing. The state court described the questioning that ensued: [497 U.S. 1011 , 1013]

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