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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. 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 …

Pennsylvania v. Muniz, No. 89-213 (U.S. Supreme Court) (496 U.S. 582; 110 S.Ct. 2638) (June 18, 1990) (Justice Brennan)

Article • February 16, 2004

Filed under: Punch And Jurists, Booking-Question Exception

Pennsylvania v. Muniz, No. 89-213 (U.S. Supreme Court) (496 U.S. 582; 110 S.Ct. 2638) (June 18, 1990) (Justice Brennan) by In this case the Court was called upon to decide whether various incriminating utterances of a drunk-driving suspect, made while performing a series of sobriety tests, constitute testimonial responses to …

New York v. Quarles, No. 82-1213 (U.S. Supreme Court) (467 U.S. 649; 104 S.Ct. 2626) (June 12, 1984) (Justice Rehnquist)

Article • December 15, 2003

Filed under: Punch And Jurists, Public Safety Exception

New York v. Quarles, No. 82-1213 (U.S. Supreme Court) (467 U.S. 649; 104 S.Ct. 2626) (June 12, 1984) (Justice Rehnquist) by In this case, the Court created a "public safety" exception to the Miranda warning requirement, holding that the "prophylactic rule" is Miranda is outweighed by the "paramount" concern for …

U.S. v. Williams, No. CR. 02-50060 (E.D.Mich.) (282 F.Supp.2d 586) (September 11, 2003) (Judge Paul V. Gadola)

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

Filed under: Punch And Jurists, Public Safety Exception

U.S. v. Williams, No. CR. 02-50060 (E.D.Mich.) (282 F.Supp.2d 586) (September 11, 2003) (Judge Paul V. Gadola) by This case is noted for Judge Gadola’s timely review of the “public safety exception” to the Miranda rule which allows police officers to question suspects without giving any Miranda warning if there …

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 …

Michigan v. Tucker, No. 73-482 (U.S. Supreme Court) (417 U.S. 433; 95 S.Ct. 2357) (June 10, 1974) (Justice Rehnquist)

Article • November 10, 2002

Filed under: Punch And Jurists, Miranda

Michigan v. Tucker, No. 73-482 (U.S. Supreme Court) (417 U.S. 433; 95 S.Ct. 2357) (June 10, 1974) (Justice Rehnquist) by This case involved an un-Mirandized custodial interrogation that occurred prior to the issuance of the Miranda decision. During the course of the interrogation, the defendant identified a relevant witness of …

Colorado v. Spring, No. 85-1512 (U.S. Supreme Court) (479 U.S. 564; 107 S.Ct. 851) (January 27, 1987) (Justice Powell)

Article • November 3, 2002

Filed under: Punch And Jurists, Miranda

Colorado v. Spring, No. 85-1512 (U.S. Supreme Court) (479 U.S. 564; 107 S.Ct. 851) (January 27, 1987) (Justice Powell) by This case is noted principally for its suggestion that, in some circumstances, affirmative misrepresentations by the police may be sufficient to invalidate a suspect's waiver of his Fifth Amendment privilege …

Fare v. Michael C., No. 78-334 (U.S. Supreme Court) (442 U.S. 707; 99 S.Ct. 2560) (June 20, 1979) (Justice Blackmun)

Article • October 31, 2002

Filed under: Punch And Jurists, Miranda

Fare v. Michael C., No. 78-334 (U.S. Supreme Court) (442 U.S. 707; 99 S.Ct. 2560) (June 20, 1979) (Justice Blackmun) by On certiorari to the Supreme Court of California, petitioner probation authority attacked the state court's conclusion that respondent juvenile's request to see his probation officer, made while undergoing custodial …