Court of Criminal Appeals of Texas

Mark Anthony Ramos, Appellant v. the State of Texas

February 6, 20082008 Tex. Crim. App. LEXIS 156

Summary

The Court reversed the Court of Appeals and remanded, holding that the trial court abused its discretion by admitting Ramos's written statement because he unambiguously invoked his Fifth Amendment right to remain silent and police did not scrupulously honor that invocation; the claim of illegal arrest was deemed waived. The decision rests on Miranda jurisprudence and the "scrupulously honored" test.