§Why CasetextPricing

The People, Respondent,v.Marcellus Johnson, Appellant.

Brief

21 Cited authorities

  1. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,216 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. Massiah v. United States

    377 U.S. 201 (1964)   Cited 2,730 times   12 Legal Analyses
    Holding that a defendant's Sixth Amendment rights are violated when the government deploys an informant to interrogate the defendant following indictment

  3. Maine v. Moulton

    474 U.S. 159 (1985)   Cited 1,139 times   4 Legal Analyses
    Holding that state's use of informant to obtain incriminating evidence from defendant about pending charges violated defendant's Sixth Amendment right to counsel, notwithstanding that state was also investigating other charges as to which the Sixth Amendment right to counsel had not attached

  4. United States v. Henry

    447 U.S. 264 (1980)   Cited 878 times   1 Legal Analyses
    Holding that Massiah applies in cases involving jailhouse informants

  5. People v. Huntley

    15 N.Y.2d 72 (N.Y. 1965)   Cited 1,460 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. Gissendanner

    48 N.Y.2d 543 (N.Y. 1979)   Cited 736 times   1 Legal Analyses
    In Gissendanner, the court reviewed a lower court's denial of a defendant's request to issue a subpoena for the police personnel files of prosecution witnesses.

  7. People v. Dunbar

    2014 N.Y. Slip Op. 7293 (N.Y. 2014)   Cited 104 times
    Holding that a widely administered preamble to Miranda warnings undermined subsequently-communicated Miranda warnings to the extent that criminal defendants were not adequately and effectively advised of their right against self-incrimination

  8. Matter of Terry D

    81 N.Y.2d 1042 (N.Y. 1993)   Cited 160 times   1 Legal Analyses

    Argued April 26, 1993 Decided June 10, 1993 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Leah Marks, J. O. Peter Sherwood, Corporation Counsel of New York City (Linda H. Young, Elizabeth S. Natrella, Pamela Seider Dolgow and Scott A. Korenbaum of counsel), for New York City Board of Education and Linda Marks, appellants. James H. Tatem for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, without costs, appellants' cross motion

  9. 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"

  10. 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