§Why CasetextPricing

The People, Appellant,v.Jermaine Dunbar, Respondent.

Brief

13 Cited authorities

  1. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,305 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment

  2. Missouri v. Seibert

    542 U.S. 600 (2004)   Cited 1,990 times   14 Legal Analyses
    Holding that "[s]trategists dedicated to draining the substance out of" constitutional protections cannot accomplish by planning around these protections because it "effectively threatens to thwart [their] purpose"

  3. Duckworth v. Eagan

    492 U.S. 195 (1989)   Cited 721 times   3 Legal Analyses
    Holding that the court "need not examine Miranda warnings as if construing a will or defining the terms of an easement"

  4. California v. Prysock

    453 U.S. 355 (1981)   Cited 574 times   2 Legal Analyses
    Holding that the warnings given were adequate under Miranda since the defendant "was told of his right to have a lawyer present prior to and during interrogation, and his right to have a lawyer appointed at no cost if he could not afford one."

  5. People v. Huntley

    15 N.Y.2d 72 (N.Y. 1965)   Cited 1,462 times   2 Legal Analyses
    Adopting a procedure for providing a separate hearing about the voluntariness of a confession to be offered in evidence against a defendant at his or her trial

  6. People v. West

    81 N.Y.2d 370 (N.Y. 1993)   Cited 141 times   1 Legal Analyses
    Imposing on police the burden of determining whether representation by counsel continued where a suspect was interviewed a second time after three years had elapsed and noting that "[t]he State right to counsel is a cherished principle, rooted in this State's prerevolutionary constitutional law and developed independent of its Federal counterpart"

  7. People v. Lopez

    2011 N.Y. Slip Op. 1316 (N.Y. 2011)   Cited 83 times   1 Legal Analyses
    Holding that police officer who questioned defendant in custody about an unrelated matter was required to make a reasonable inquiry concerning the defendant's representational status before commencing interrogation, where the circumstances, such as fact that bail had been set, indicated that there was a probable likelihood that an attorney had entered the custodial matter, and the accused was actually represented on the custodial charge

  8. United States v. Perez

    733 F.2d 1026 (2d Cir. 1984)   Cited 52 times
    Holding that "agents' desire to investigate other crimes is not a legitimate excuse for their failure to respect [defendant's] right to a prompt arraignment"

  9. People v. Pagan

    2012 N.Y. Slip Op. 2418 (N.Y. 2012)   Cited 12 times

    2012-04-3 The PEOPLE of the State of New York, Respondent, v. Debra PAGAN, Appellant. Legal Aid Society, New York City (Svetlana M. Kornfeind and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sara M. Zausmer and Gina Mignola of counsel), for respondent. PIGOTT Legal Aid Society, New York City (Svetlana M. Kornfeind and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sara M. Zausmer and Gina Mignola of

  10. United States v. Foley

    735 F.2d 45 (2d Cir. 1984)   Cited 23 times
    In Foley, the Legal Aid lawyer who was about to be appointed had telephoned to the Assistant and demanded that the defendant not be interviewed; the Assistant had disregarded this demand.