Search | Punch and Jurists

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 …

U.S. v. Ortiz, No. 98-1560 (1st Cir.) (177 F.3d 108) (June 2, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Ortiz, No. 98-1560 (1st Cir.) (177 F.3d 108) (June 2, 1999) (Judge Norman H. Stahl) by Here the First Circuit vacated the defendant's convictions - after both the Magistrate Judge and the District Court had ruled in favor of the Government - because it found that the defendant's …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by Excerpts from P&J, 11/15/99 in which we discussed the Supreme Court's decision to review the Fourth Circuit's decision in the Miranda case. [From Vol. 6, Nos. 45 & 46, dated November 15,1999] …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by In this case the Fourth Circuit held that "it is perfectly clear that Congress enacted [18 USC] § 3501with the express purpose of legislatively overruling Miranda [v. Arizona] and restoring voluntariness as …