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Article • January 1, 2008 • from P&J January, 2008
Anderson v. Terhune, No. 04-17237 (9th Cir.) (516 F.3d 781) (February 15, 2008) (Judge M. Margaret McKeown) by Here the en banc court reversed a prior decision which had held that when a defendant states to a policeman “I plead the Fifth,” that statement was not a sufficiently clear and …
Article • October 1, 2006 • from P&J October, 2006
Anderson v. Terhune, No. 04-17237 (9th Cir.) (467 F.3d 1208) (November 8, 2006) (Judge Michael R. Hogan) by In Miranda v. Arizona, 384 U.S. 436, 473-74 (1966), the Supreme Court held that if a suspect indicates in any manner during questioning that he wishes to remain silent, the interrogation must …