§Why CasetextPricing

The People, Respondent,v.Clifford Graham, Appellant.

Brief

35 Cited authorities

  1. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,283 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. Herring v. United States

    555 U.S. 135 (2009)   Cited 2,080 times   47 Legal Analyses
    Holding that the good-faith exception may apply "when police mistakes are the result of negligence ... rather than systemic error or reckless disregard of constitutional requirements"

  3. Dickerson v. United States

    530 U.S. 428 (2000)   Cited 2,289 times   18 Legal Analyses
    Holding that “the protections announced in Miranda ” are “constitutionally required”

  4. United States v. Calandra

    414 U.S. 338 (1974)   Cited 3,160 times   12 Legal Analyses
    Holding that the exclusionary rule provides that "evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure"

  5. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,228 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review

  6. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,975 times   6 Legal Analyses
    In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.

  7. Roberts v. United States

    445 U.S. 552 (1980)   Cited 747 times
    Holding that, in determining a sentence, the district court may consider a defendant's failure to cooperate with an ongoing investigation of the criminal scheme of which the defendant was a part

  8. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,830 times
    Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel

  9. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,601 times   2 Legal Analyses
    Upholding a weapons frisk based on an officer's observation of an item in a man's pocket that "struck him immediately as . . . 'the outline of a gun'"

  10. Garner v. United States

    424 U.S. 648 (1976)   Cited 424 times
    Holding that a defendant's incriminating statements on his tax returns were not compelled for Fifth Amendment purposes where the defendant did not claim privilege against self-incrimination because, under prior case law, the defendant could not be prosecuted for refusing to file tax returns on the basis that the return would incriminate him, and thus, he did not face a Hobson's choice

  11. Section 3501 - Admissibility of confessions

    18 U.S.C. § 3501   Cited 990 times   7 Legal Analyses
    Finding of voluntariness is possible if admission made within six hours of arrest or detention; thereafter court must find reasonable ground for delay in arraigning defendant