Friedman Legal Solutions, PLLC

Criminal Appellate & Post-Conviction Services

Partial Fifth Amendment Waivers

There was an interesting post on the Volokh Conspiracy today about the IRS agent’s belated invocation of her right to remain silent. According to the Supreme Court’s ruling in Mitchell v United States, her partial disclosure may have waived the entire stream. This approach could be helpful when a Government informant has made disclosures to the police or the prosecution. I have argued a similar approach when a CSC victim gives access to his/her medical/pscyhological records.