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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 …

Duckworth v. Eagan, No. 88-317 (U.S. Supreme Court) (492 U.S. 195; 109 S.Ct. 2875) (June 26, 1989) (Justice Rehnquist)

Article • October 4, 2002

Filed under: Punch And Jurists, Miranda

Duckworth v. Eagan, No. 88-317 (U.S. Supreme Court) (492 U.S. 195; 109 S.Ct. 2875) (June 26, 1989) (Justice Rehnquist) by The defendant in this case was given the following Miranda warning: "Before we ask you any questions, you must understand your rights. You have the right to remain silent. Anything …

U.S. v. Patane, No. 01-1503 (10th Cir.) (304 F.3d 1013) (September 17, 2002) (Judge David M. Ebel)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Miranda

U.S. v. Patane, No. 01-1503 (10th Cir.) (304 F.3d 1013) (September 17, 2002) (Judge David M. Ebel) by In Lam v. Kelchner, 394 F.3d 256 (3rd Cir. 2002), the Third Circuit held, in the context of a petition for habeas relief under 28 U.S.C. § 2254(d), that it was not …

Allen v. Roe, No. 01-17010 (9th Cir.) (305 F.3d 1046) (September 24, 2002) (Judge Michael Daly Hawkins)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Miranda

Allen v. Roe, No. 01-17010 (9th Cir.) (305 F.3d 1046) (September 24, 2002) (Judge Michael Daly Hawkins) by The petitioner in this case challenged a decision by the district court which denied his 28 U.S.C.S. § 2254 petition for a writ of habeas corpus. The petitioner was convicted in state …

Thompson v. Keohane, No. 94-6615 (U.S. Supreme Court) (516 U.S. 99; 116 S.Ct. 457) (November 29, 1995) (Justice Ginsburg)

Article • June 26, 2002

Filed under: Punch And Jurists, Miranda

Thompson v. Keohane, No. 94-6615 (U.S. Supreme Court) (516 U.S. 99; 116 S.Ct. 457) (November 29, 1995) (Justice Ginsburg) by Case reviewed "in custody requirements" for Miranda warnings - and concluded that the ultimate question is whether there was a formal arrest or a restraint on freedom of movement of …

Jackson v. Litscher, No. 00-C-1587 (E.D.Wisc.) (194 F.Supp.2d 849) (March 19, 2002) (Judge Lynn S. Adelman)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Miranda

Jackson v. Litscher, No. 00-C-1587 (E.D.Wisc.) (194 F.Supp.2d 849) (March 19, 2002) (Judge Lynn S. Adelman) by Here the Court granted a writ of habeas corpus to a defendant because the state courts had erroneously failed to grant his motion to suppress his confesion that was obtained after the police …

U.S. v. Fellers, No. 01-2045 (8th Cir.) (285 F.3d 721) (April 8, 2002) (Judge Roger L. Wollman)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Miranda

U.S. v. Fellers, No. 01-2045 (8th Cir.) (285 F.3d 721) (April 8, 2002) (Judge Roger L. Wollman) by The defendant in this case filed a motion to suppress statements made at his home and at the jail. The district court suppressed the statements made at defendant's home, but admitted the …

U.S. v. Orso, No. 99-50328 (9th Cir.) (275 F.3d 1190) (December 28, 2001) (Per Curiam)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Miranda

U.S. v. Orso, No. 99-50328 (9th Cir.) (275 F.3d 1190) (December 28, 2001) (Per Curiam) by United States v. Orso, 275 F.3d 1190 (9th Cir. 2001) (En Banc) (Per Curiam) United States v. Rodgers, No. 01-CR-37 (E.D.Wisc. 02/08/2002) (Judge Adelman) Both of these cases dealt with some of the psychologically …

U.S. v. Orso, No. 99-50328 (9th Cir.) (266 F.3d 1030) (September 17, 2001) (Judge Diarmuid F. O'Scannlain)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Miranda

U.S. v. Orso, No. 99-50328 (9th Cir.) (266 F.3d 1030) (September 17, 2001) (Judge Diarmuid F. O'Scannlain) by In this decision the en banc court held that under Oregon v. Elstad, 470 U.S. 298 (1985), a Mirandized confession must be suppressed only if the confession was tainted by unwarned statements …

Berkemer v. McCarthy, No. 83-710 (U.S. Supreme Court) (468 U.S. 420; 104 S.Ct. 3138) (July 2, 1984) (Justice Marshall)

Article • September 2, 2001

Filed under: Punch And Jurists, Miranda

Berkemer v. McCarthy, No. 83-710 (U.S. Supreme Court) (468 U.S. 420; 104 S.Ct. 3138) (July 2, 1984) (Justice Marshall) by In this decision the Supreme Court finally grappled with the issue of whether Miranda warnings are required for a person stopped and questioned in a public setting. The case involved …

U.S. v. Laden, No. S(7) 98 Cr. 10232(LBS) (S.D.N.Y.) (132 F.Supp.2d 168) (February 16, 2001) (Judge Leonard B. Sand)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Miranda

U.S. v. Laden, No. S(7) 98 Cr. 10232(LBS) (S.D.N.Y.) (132 F.Supp.2d 168) (February 16, 2001) (Judge Leonard B. Sand) by This case is noted as the first reported case to apply constitutional protections (specifically the rights against self-incrimination and the Miranda rights) to foreign suspects who are interrogated by American …

Davis v. U.S., No. 92-1949 (U.S. Supreme Court) (512 U.S. 452; 114 S.Ct. 2350) (June 24, 1994) (Justice O'Connor)

Article • November 1, 2000

Filed under: Punch And Jurists, Miranda

Davis v. U.S., No. 92-1949 (U.S. Supreme Court) (512 U.S. 452; 114 S.Ct. 2350) (June 24, 1994) (Justice O'Connor) by Case held that after a knowing and voluntary waiver of rights under Miranda v. Arizona, 384 U.S. 436, law enforcement officers may continue questioning until and unless a suspect clearly …

Patterson v. Illinois, No. 86-7059 (U.S. Supreme Court) (487 U.S. 285; 108 S.Ct. 2389) (June 24, 1988) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists, Miranda

Patterson v. Illinois, No. 86-7059 (U.S. Supreme Court) (487 U.S. 285; 108 S.Ct. 2389) (June 24, 1988) (Justice White) by Here the Court held that once an accused "knowingly and intelligently" elects to proceed without counsel, the uncounseled statements he then makes need not be excluded at trial; and it …

Illinois v. Perkins, No. 88-1972 (U.S. Supreme Court) (496 U.S. 292; 110 S.Ct. 2394) (June 4, 1990) (Justice Kennedy)

Article • June 18, 2000

Filed under: Punch And Jurists, Miranda

Illinois v. Perkins, No. 88-1972 (U.S. Supreme Court) (496 U.S. 292; 110 S.Ct. 2394) (June 4, 1990) (Justice Kennedy) by While being held in jail, Perkins freely confessed to committing a murder to an undercover police officer who was posing as another inmate. The issue was whether the undercover police …

Dickerson v. U.S., No. 99-5525 (U.S. Supreme Court) (530 U.S. 428; 120 S.Ct. 2326) (June 26, 2000) (Justice Rehnquist)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Miranda

Dickerson v. U.S., No. 99-5525 (U.S. Supreme Court) (530 U.S. 428; 120 S.Ct. 2326) (June 26, 2000) (Justice Rehnquist) by Here the Court held that its decision in Miranda v. Arizona was of "constitutional dimension" and could not be abrogated by an Act of Congress, thus reversing the Fourth Circuit's …

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Miranda

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby) by In this case the Court held that police officers who intentionally violate a suspect's rights under Miranda v. Arizona in order to obtain statements for impeachment purposes …

U.S. v. Jackson, No. 98-2025 (7th Cir.) (189 F.3d 502) (August 24, 1999) (Judge John L. Coffey)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Miranda

U.S. v. Jackson, No. 98-2025 (7th Cir.) (189 F.3d 502) (August 24, 1999) (Judge John L. Coffey) by Here the Court held that, notwithstanding the defendant's prior invocation of his Miranda rights, law enforcement agents did not violate the defendant's rights by revealing the existence of a second investigation and …

Michigan v. Mosley, No. 74-653 (U.S. Supreme Court) (423 U.S. 96; 96 S.Ct. 321) (December 9, 1975) (Justice Stewart)

Article • July 19, 1999

Filed under: Punch And Jurists, Miranda

Michigan v. Mosley, No. 74-653 (U.S. Supreme Court) (423 U.S. 96; 96 S.Ct. 321) (December 9, 1975) (Justice Stewart) by Here the Court held that the police may renew the questioning of a suspect who has once exercised his right to remain silent, provided the suspect's right to cut off …