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Michigan Vs. Moseley
Cites for this judgment
- US Supreme Court
- Dec 09, 1975
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U.S. 96 (1975) U.S. Supreme Court Michigan v. MoseleySearch
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U.S. 96 (1975) Michigan v. MoseleySearch
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who had been arrested in connection with certain robberies and advised by a detective in accordance with Miranda v. ArizonaSearch
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the murder only after a significant time lapse and after a fresh set of warnings had been given respondent. Westover v. UnitedSearch
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departmental headquarters building. The officer advised Mosley of his rights under this Court's decision in Miranda v. ArizonaSearch
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against him as a defendant at trial, even though the statement may, in fact, be wholly voluntary. See Michigan v. TuckerSearch
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of the earlier interrogation. The Michigan Court of Appeals viewed this case as factually similar to Westover v. UnitedSearch
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conclude that the admission in evidence of Mosley's incriminating statement did not violate the principles of Miranda v. ArizonaSearch
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of any further interrogation once the person being questioned has indicated a desire to remain silent. See Hill v. WhealonSearch
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United States v. CollinsSearch
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Jennings v. UnitedSearch
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United States v. ChoiceSearch
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McIntyre v. NewSearch
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People v. NaranjoSearch
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People v. PittmanSearch
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State v. McClellandSearch
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State v. LawSearch
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Conway v. StateSearch
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State v. O'NeillSearch
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State v. GodfreySearch
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People v. GarSearch
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State v. BishopSearch
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Commonwealth v. GrandisonSearch
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State v. RobinsonSearch
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Hill v. StateSearch
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State v. EstradaSearch
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Wis.2d 476, 486-488, 217 N.W.2d 359, 365-366 (1974). See also People v. FiorittoSearch
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any contrary rule. I disagree. I do not think the majority's conclusion is compelled by Miranda v. ArizonaSearch
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rights will never be deemed waived unless the defendant is first expressly advised of their existence. E.g., Carnley v. CochranSearch
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of a right may be ineffective even where voluntarily made. Indeed, the law is exactly to the contrary, e.g., Tollett v. HendersonSearch
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Brady v. UnitedSearch
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Parker v. NorthSearch
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Adams v. UnitedSearch
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BRENNAN, with whom MR. JUSTICE MARSHALL joins, dissenting. The Court focuses on the correct passage from Miranda v. ArizonaSearch
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But the process of eroding Miranda rights, begun with Harris v. NewSearch
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Miranda guidelines were necessitated by the inherently coercive nature of in-custody questioning. As in Escobedo v. IllinoisSearch
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higher standards governing police practices under state law than is required by the Federal Constitution. See Oregon v. HassSearch
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A decision particularly bearing upon the question of the adoption of Miranda as state law is Commonwealth v. WareSearch
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once provided as federal rights but now increasingly depreciated by decisions of this Court. See, e.g., State v. SantiagoSearch
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Haw. 254, 492 P.2d 657 (1971) (rejecting Harris v. NewSearch
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People v. BeaversSearch
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Mich. 554, 227 N.W.2d 511 (1975), cert. denied, post, p. 878 (rejecting United States v. WhiteSearch
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State v. JohnsonSearch
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