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Michigan Vs. Harvey
Cites for this judgment
- US Supreme Court
- Mar 05, 1990
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- Distinguished
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U.S. 344 (1990) U.S. Supreme Court Michigan v. HarveySearch
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U.S. 344 (1990) Michigan v. HarveySearch
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impeachment purposes, because it was taken in violation of Harvey's Sixth Amendment right to counsel, citing Michigan v. JacksonSearch
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announced in Edwards v. ArizonaSearch
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context of the Fifth Amendment privilege against self-incrimination during custodial interrogation. Moreover, Harris v. NewSearch
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by counsel from voluntarily choosing, on his own, to speak with police in the absence of an attorney. Cf. Patterson v. IllinoisSearch
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post, p. 494 U. S. 355 . Chief Justice REHNQUIST delivered the opinion of the Court. In Michigan v. JacksonSearch
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the statement was voluntary, the prosecutor argued that it could be used for impeachment under our decision in Harris v. NewSearch
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The court noted that, if the second statement had been taken only in violation of the rules announced in Miranda v. ArizonaSearch
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in violation of defendant's Sixth Amendment right to counsel. See e.g., Michigan v. JacksonSearch
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The essence of this right, we recognized in Powell v. AlabamaSearch
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Id. at 287 U. S. 58 , 287 U. S. 71 . More recently, in a line of cases beginning with Massiah v. UnitedSearch
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States, 377 U. S. 201 (1964), and extending through Maine v. MoultonSearch
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from a defendant without an express waiver of the right to counsel. See also United States v. HenrySearch
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and intelligent relinquishment of the Sixth Amendment Page 494 U. S. 349 right to counsel. Patterson v. IllinoisSearch
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that when a suspect waives his right to counsel after receiving warnings equivalent to those prescribed by Miranda v. ArizonaSearch
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and intelligent waiver of the Sixth Amendment right to counsel for purposes of postindictment questioning. Patterson v. IllinoisSearch
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supra. In Michigan v. JacksonSearch
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his Sixth Amendment right to counsel has subsequently waived that right. Transposing the reasoning of Edwards v. ArizonaSearch
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in the Fifth Amendment context, see Solem v. StumesSearch
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be considered voluntary, knowing, and intelligent under the traditional case-by-case inquiry called for by Brewer v. WilliamsSearch
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taken in violation of Jackson can be admitted to impeach a defendant's inconsistent trial testimony. Michigan v. JacksonSearch
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is based on the Sixth Amendment, but its roots lie in this Court's decisions in Miranda v. ArizonaSearch
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on the States, see Michigan v. TuckerSearch
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U. S. 446 (1974), to safeguard the Fifth Amendment privilege against self-incrimination. Edwards v. ArizonaSearch
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to prevent police from badgering a defendant into waiving his previously asserted Miranda rights. See Oregon v. BradshawSearch
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in the prosecution's case-in-chief, they are admissible to impeach conflicting testimony by the defendant. Harris v. PageSearch
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Id. at 401 U. S. 224 (quoting Walder v. UnitedSearch
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reliable and probative evidence for all purposes only when it is derived from involuntary statements. New Jersey v. PortashSearch
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execute a knowing and intelligent waiver of that right in the course of a police-initiated interrogation. Patterson v. IllinoisSearch
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Michigan v. MosleySearch
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Adams v. UnitedSearch
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to conduct a hearing on that question. It is the State's burden to show that a waiver is knowing and voluntary, Brewer v. WilliamsSearch
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Although Michigan v. JacksonSearch
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Patterson v. IllinoisSearch
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that a defendant's waiver of his privilege against compelled self-incrimination is not voluntary. See Edwards v. ArizonaSearch
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Michigan v. MosleySearch
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