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U.S. v. Williams, No. 11-324-cr (2nd Cir.) (681 F.3d 35) (May 17, 2012) (Judge Barrington D. Jr. Parker)

Article • December 1, 2012

Filed under: Punch And Jurists, Miranda

U.S. v. Williams, No. 11-324-cr (2nd Cir.) (681 F.3d 35) (May 17, 2012) (Judge Barrington D. Jr. Parker) by In a case in which a government agent questioned the defendant in an apartment where he was arrested without first issuing Miranda warnings, and two hours later the defendant confessed at …

U.S. v. Capers, No. 07-1830-cr (2nd Cir.) (627 F.3d 470) (December 1, 2010) (Judge Peter W. Hall)

Article • December 1, 2010

Filed under: Punch And Jurists, Miranda

U.S. v. Capers, No. 07-1830-cr (2nd Cir.) (627 F.3d 470) (December 1, 2010) (Judge Peter W. Hall) by In a prosecution for mail theft, the district court's order suppressing inculpatory statements made by defendant while in custody is affirmed where the initial interrogation conducted by an investigator aware of the …

Doody v. Schriro, No. 06-17161 (9th Cir.) (548 F.3d 847) (November 20, 2008) (Judge Marsha L. Berzon)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Miranda

Doody v. Schriro, No. 06-17161 (9th Cir.) (548 F.3d 847) (November 20, 2008) (Judge Marsha L. Berzon) by

U.S. v. Carter, No. 05-2823-cr (2nd Cir.) (489 F.3d 528) (June 8, 2007) (Judge Chester J. Straub)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, Miranda

U.S. v. Carter, No. 05-2823-cr (2nd Cir.) (489 F.3d 528) (June 8, 2007) (Judge Chester J. Straub) by For a summary of this decision, see "Circuit Clarifies Law on 'Two-Step' Confession Tactics," by Mark Hamblett, as published in the New York Law Journal on June 14, 2007: "The 2nd U.S. …

U.S. v. Chen, No. 05-10108 (9th Cir.) (439 F.3d 1037) (March 2, 2006) (Judge A. Wallace Tashima)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Miranda

U.S. v. Chen, No. 05-10108 (9th Cir.) (439 F.3d 1037) (March 2, 2006) (Judge A. Wallace Tashima) by Here the Court affirmed a suppression order barring the use of statements made by an illegal immigrant during a custodial interrogation after he was not read his Miranda rights. Lin Chen, a …

U.S. v. Nichols, No. 04-5020 (4th Cir.) (438 F.3d 437) (February 28, 2006) (Judge William W. Jr. Wilkins)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Miranda

U.S. v. Nichols, No. 04-5020 (4th Cir.) (438 F.3d 437) (February 28, 2006) (Judge William W. Jr. Wilkins) by This is another one of those decisions which confirms the adage that “sentencing is different.” The defendant, James Nichols, was originally indicted on three counts: bank robbery, in violation of 18 …

U.S. v. Rodriguez-Preciado, No. 03-30285 (9th Cir.) (399 F.3d 1118) (March 4, 2005) (Judge J. Clifford Wallace)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Miranda

U.S. v. Rodriguez-Preciado, No. 03-30285 (9th Cir.) (399 F.3d 1118) (March 4, 2005) (Judge J. Clifford Wallace) by The United States District Court for the District of Oregon convicted defendant of conspiracy to possess with intent to distribute and conspiracy to distribute various drugs, distribution of a certain drug, and …

U.S. v. Naranjo, No. 03-4759 (3rd Cir.) (426 F.3d 221) (September 26, 2005) (Judge Theodore A. McKee)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Miranda

U.S. v. Naranjo, No. 03-4759 (3rd Cir.) (426 F.3d 221) (September 26, 2005) (Judge Theodore A. McKee) by Defendant challenged a decision from the United States District Court for the Eastern District of Pennsylvania, which denied his motion to suppress evidence, convicted him of a drug offense, and entered a …

North Carolina v. Butler, No. 78-354 (U.S. Supreme Court) (441 U.S. 369; 99 S.Ct. 1755) (April 24, 1979) (Justice Stewart)

Article • October 18, 2005

Filed under: Punch And Jurists, Miranda

North Carolina v. Butler, No. 78-354 (U.S. Supreme Court) (441 U.S. 369; 99 S.Ct. 1755) (April 24, 1979) (Justice Stewart) by In his dissent, Justice Brennan stated: "The rule announced by the Court today allows a finding of waiver based upon "infer[ence] from the actions and words of the person …

U.S. v. Weekley, No. Crim. 05-0059-WS (S.D.Ala.) (389 F.Supp.2d 1293) (October 6, 2005) (Judge William H. Steele)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Misprision of Felony

U.S. v. Weekley, No. Crim. 05-0059-WS (S.D.Ala.) (389 F.Supp.2d 1293) (October 6, 2005) (Judge William H. Steele) by The defendant in this case, Jennifer Weekley, was indicted on a single count of misprision of a felony, in violation of 18 U.S.C. § 4. The indictment charged that she had knowledge …

U.S. v. Aguilar, No. 03-3892 (8th Cir.) (384 F.3d 520) (September 13, 2004) (Judge Myron H. Bright)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Miranda

U.S. v. Aguilar, No. 03-3892 (8th Cir.) (384 F.3d 520) (September 13, 2004) (Judge Myron H. Bright) by The government appealed from the judgment of the United States District Court for the District of Minnesota, which suppressed defendant's confession to drug activity. Defendant was questioned for 90 minutes before officers …

U.S. v. Memoli, No. 04 Cr. 140 (JSR) (S.D.N.Y.) (333 F.Supp.2d 233) (September 17, 2004) (Judge Jed S. Rakoff)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Miranda

U.S. v. Memoli, No. 04 Cr. 140 (JSR) (S.D.N.Y.) (333 F.Supp.2d 233) (September 17, 2004) (Judge Jed S. Rakoff) by Defendant, who was charged with unlawful possession of firearms, moved to suppress various statements that he gave following his arrest, as well as the fruits of a search conducted that …

Oregon v. Elstad, No. 83-773 (U.S. Supreme Court) (470 U.S. 298; 105 S.Ct. 1285) (March 4, 1985) (Justice O'Connor)

Article • July 2, 2004

Filed under: Punch And Jurists, Miranda

Oregon v. Elstad, No. 83-773 (U.S. Supreme Court) (470 U.S. 298; 105 S.Ct. 1285) (March 4, 1985) (Justice O'Connor) by In this case, the defendant made incriminating statements while in custodial interrogation prior to the issuance of Miranda warnings. The police then administered Miranda warnings, and thereafter the defendant made …

U.S. v. Patane, No. 02-1183 (U.S. Supreme Court) (542 U.S. 630; 124 S.Ct. 2620) (June 28, 2004) (Justice Thomas)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Miranda

U.S. v. Patane, No. 02-1183 (U.S. Supreme Court) (542 U.S. 630; 124 S.Ct. 2620) (June 28, 2004) (Justice Thomas) by In this case, the Supreme Court considered whether the failure to properly Mirandize a suspect requires the suppression of physical evidence obtained as the result of the inadmissible - though …

Yarborough v. Alvarado, No. 02-1684 (U.S. Supreme Court) (541 U.S. 652; 124 S.Ct. 2140) (June 1, 2004) (Justice Kennedy)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Miranda

Yarborough v. Alvarado, No. 02-1684 (U.S. Supreme Court) (541 U.S. 652; 124 S.Ct. 2140) (June 1, 2004) (Justice Kennedy) by This case began in 1985 when 17-year old Michael Alvarado and another man tried to hijack a truck in Santa Fe Springs, Calif. The other man shot the driver to …

Fellers v. U.S., No. 02-6320 (U.S. Supreme Court) (540 U.S. 519; 124 S.Ct. 1019) (January 26, 2004) (Justice O'Connor)

Article • April 11, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Miranda

Fellers v. U.S., No. 02-6320 (U.S. Supreme Court) (540 U.S. 519; 124 S.Ct. 1019) (January 26, 2004) (Justice O'Connor) by This case presented the Supreme Court with the opportunity to decide whether statements obtained from a criminal defendant who was read his rights under Miranda v. Arizona could be introduced …

Brown v. Crosby, No. 95-CV-7207 (S.D.Fla.) (249 F.Supp.2d 1285) (March 19, 2003) (Judge Donald L. Graham)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Miranda

Brown v. Crosby, No. 95-CV-7207 (S.D.Fla.) (249 F.Supp.2d 1285) (March 19, 2003) (Judge Donald L. Graham) by

U.S. v. Trejo-Islas, No. 2:02CR01518 (D.Utah) (248 F.Supp.2d 1072) (August 14, 2002) (Judge David Sam)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Miranda

U.S. v. Trejo-Islas, No. 2:02CR01518 (D.Utah) (248 F.Supp.2d 1072) (August 14, 2002) (Judge David Sam) by The defendant in this case sought to suppress all post-arrest statements he made on the grounds that such statements resulted from custodial interrogation in coercive circumstances and/ or were obtained in violation of his …

Alvarado v. Hickman, No. 00-56779 (9th Cir.) (316 F.3d 841) (December 18, 2002) (Judge Richard D. Cudahy)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Miranda

Alvarado v. Hickman, No. 00-56779 (9th Cir.) (316 F.3d 841) (December 18, 2002) (Judge Richard D. Cudahy) by Petitioner inmate, who was incarcerated in a state prison, had been convicted of second degree murder and attempted robbery. The inmate's conviction was obtained primarily based on statements he made during a …

Moran v. Burbine, No. 84-1485 (U.S. Supreme Court) (475 U.S. 412; 106 S.Ct. 1135) (March 10, 1986) (Justice O'Connor)

Article • January 7, 2003

Filed under: Punch And Jurists, Miranda

Moran v. Burbine, No. 84-1485 (U.S. Supreme Court) (475 U.S. 412; 106 S.Ct. 1135) (March 10, 1986) (Justice O'Connor) by In this case, a sharply divided Court held that the rights of a suspect in custody are not violated by a failure to inform him that a lawyer is present …