Wortham v. New York

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 06/09/2022


Wortham v. New York

United States Supreme Court; Case No. 21-7703


The New York Court of Appeals held that law enforcement may question an individual in custody regarding “pedigree” information without violating Miranda if the questions asked are not “a disguised attempt at investigatory interrogation.” Pet. App. 7a. As the Petition explains, the Court should review this holding because it reinforces a deep and abiding conflict of authority regarding the scope of the “booking exception” to Miranda, Pet. 7-12, and because the New York Court of Appeals erred in its approach to that exception, Pet. 12-15.


Joshua L. Dratel, NACDL, New York, NY; Clifford W. Berlow, Jenner & Block LLP, Chicago, IL.

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