In an intriguing development, the US Supreme Court is set to scrutinize the Michael v. Davis case, the first to be relisted after a break of more than a month. The case involves a murder confession, admitted erroneously according to the defendant, yet regarded as ‘harmless’ by the initial judge.
Kurt Michaels, a 24-year-old former Marine, was convicted and sentenced to death for murdering his teenage girlfriend’s mother in 1988. Michaels confessed, asserting he had committed the act upon his girlfriend’s request to stop her mother’s sexual abuse. His confession, during which he laughed and highlighted secondary motivations related to life-insurance proceeds, were repeatedly played in court. After exhausting California state-court remedies, Michaels filed a federal habeas petition. The district court denied relief, and a divided panel of the U.S. Court of Appeals for the 9th Circuit affirmed.
The majority concluded that Michaels’ recorded confession was wrongly admitted due to important breaches, including his selective invocation of his Miranda rights. However, despite recognizing these and other errors, the majority concluded that they were harmless. This standpoint sparked controversy, with Judge Marsha Berzon dissenting. Berzon referenced the Supreme Court’s decision in Arizona v. Fulminante, arguing that a confession, due to its potent influence, should rarely be considered harmless when mistakenly admitted.
Michaels’ legal team is arguing that the 9th Circuit majority’s opinion contradicts Arizona v. Fulminante, a case where the Supreme Court established that involuntary confessions should be assessed for harmless error. A decisive answer from the Supreme Court, which has already rescheduled Michaels’ case eight times, is eagerly anticipated.
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