Finding only harmless error, a federal appeals court affirmed a second-degree murder conviction of a man who said police questioned him while he was "sick and exhausted."
The U.S. Eighth Circuit Court of Appeals affirmed the conviction of Terrance C. Jackson three years to the day after he stabbed a man to death during an argument. Although Jackson asked for a lawyer after his arrest, officers continued to question him in United States of America v. Jackson.
"Given the very limited nature of the questions asked by the officers regarding Jackson's health, we conclude that they were not 'reasonably likely to elicit an incriminating response from the suspect,'" Judge Jane Kelly wrote for the appeals court. "Moreover, because Jackson voluntarily disclosed that he had been awake for several days and using drugs, the agents' follow-up questions regarding his health do not constitute an interrogation."