29 Cited authorities

  1. U.S v. Patane

    542 U.S. 630 (2004)   Cited 654 times   8 Legal Analyses
    Holding that a failure to give a suspect Miranda warnings does not require "suppression of the physical fruits of the suspect's unwarned but voluntary statements"
  2. Estelle v. Smith

    451 U.S. 454 (1981)   Cited 1,469 times   30 Legal Analyses
    Holding that a psychiatrist's testimony about the defendant's future dangerousness in a capital felony trial violated the defendant's Fifth and Sixth Amendment rights where the defendant was not given Miranda warnings before his psychiatric examination
  3. Buchanan v. Kentucky

    483 U.S. 402 (1987)   Cited 465 times   9 Legal Analyses
    Holding that the prosecution’s use of rebuttal expert testimony is permissible where a defendant “presents psychiatric evidence”
  4. Brooks v. Tennessee

    406 U.S. 605 (1972)   Cited 431 times   3 Legal Analyses
    Holding unconstitutional a statute which required a defendant to testify as her first witness or not at all
  5. New Jersey v. Portash

    440 U.S. 450 (1979)   Cited 291 times   3 Legal Analyses
    Holding that testimony given in response to a grant of legislative immunity is "coerced testimony" because the person must testify or potentially face contempt charges, and under such circumstances "there is no question whether physical or psychological pressures overrode the defendant's will"
  6. People v. Clayton

    41 A.D.2d 204 (N.Y. App. Div. 1973)   Cited 321 times
    Finding the use of § 210.40 "depended only on principles of justice, not on the legal or factual merits of the charge or even on the guilt or innocence of the defendant"
  7. People v. Roche

    98 N.Y.2d 70 (N.Y. 2002)   Cited 119 times
    Holding that a defendant who stabbed his common law wife was not entitled to a jury charge on the defense of extreme emotional disturbance, citing, among other reasons, defendant's behavior, including providing a false explanation to the neighbors for his wife's death and removing items from the apartment to prevent the police from discovering them
  8. Lee v. County Ct. of Erie County

    267 N.E.2d 452 (N.Y. 1971)   Cited 220 times
    Holding that an accused has a right to have counsel present at pretrial psychiatric examinations in order to make more effective his basic right of cross-examination
  9. People v. Cruickshank

    105 A.D.2d 325 (N.Y. App. Div. 1985)   Cited 144 times

    January 17, 1985 Appeal from the Saratoga County Court, G. Thomas Moynihan, Jr., J. McMahon McMahon ( John L. McMahon of counsel), for appellant. David A. Wait, District Attorney, for respondent. MAHONEY, P.J. This case involves the fatal shooting of G. Alan Cruickshank by his teen-age daughter during the early evening hours of November 15, 1982 in the garage of the Cruickshank residence located in the Town of Clifton Park, Saratoga County. At the time of the shooting, Mr. Cruickshank had been separated

  10. People v. Berk

    88 N.Y.2d 257 (N.Y. 1996)   Cited 103 times
    Upholding the trial court's refusal to instruct the jury that appellant had no duty to retreat, as there was a factual dispute as to whether the premises in which appellant shot the victim was appellant's dwelling