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Tag Archives: Miranda

NYSBA changes leadership

David P. Miranda, a partner at the Albany intellectual property law firm of Heslin Rothenberg Farley & Mesiti, is the 118th president of the New York State Bar Association, as of Monday. Miranda succeeds Glenn Lau-Kee of New York City ...

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‘Miranda’ issue unpreserved in forgery case

A question of whether police were required to advise a Syracuse defendant of his right to remain silent at a second interview with police three weeks after his arrest on forgery and larceny charges remains unanswered. The Court of Appeals, ...

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New York State Court of Appeals – ‘Miranda’: People v. Hill

New York State Court of Appeals – ‘Miranda’ – Post-‘Miranda’ Silence – Absent Unusual Circumstances   People v. Hill No. 194 Memorandum   Background: At issue is whether the defendant’s silence post-Miranda opened the door to use his silence at trial. ...

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New York State Court of Appeals – ‘Miranda’: People v. Lloyd-Douglas; People v. Dunbar

New York State Court of Appeals – ‘Miranda’ – Preamble – Pre-Arraignment Interview   People v. Lloyd-Douglas; People v. Dunbar Nos. 170; 169 Judge Read   Background: At issue is a pre-arraignment interview program launched in conjunction with an initiative to ...

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Second Circuit — ‘Miranda’ – Confession: United States v. Gonzalez

U.S. Court of Appeals for the Second Circuit ‘Miranda’ – Confession Speedy Presentment – Six-hour Safe Harbor Provision United States v. Gonzalez 12-2403-cr Judges Katzmann, Winter and Calabresi Background: The defendant was convicted on four counts of intentional murder while ...

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Court upholds ‘Miranda’ emergency waiver

A murder conviction will stand against a Genesee County man denied an attorney and questioned under the “emergency doctrine.” The Court of Appeals has found police were justified under the emergency doctrine to question Scott F. Doll, 51, before reading ...

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Second Circuit — ‘Miranda’: United States v. Ferguson

U.S. Court of Appeals for the Second Circuit ‘Miranda’ Public Safety Exception United States v. Ferguson 11-3806-cr Judges Leval, Cabranes and Katzmann Background: The defendant appealed from a judgment of conviction after a one-day bench trial. He admitted to possessing ...

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WDNY — ‘Miranda’: U.S. v. Sinclair

U.S. District Court, WDNY ‘Miranda’ Photo Identification U.S. v. Sinclair 10-cr-6211L Judge Payson Background: The defendant had been charged with the conspiracy to possess with intent to distribute and to distribute one hundred or more kilograms of marijuana. The defendant ...

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Second Circuit — ‘Miranda’: Hawthorne v. Schneiderman

U.S. Court of Appeals for the Second Circuit ‘Miranda’ Waiver Hawthorne v. Schneiderman 10-4324-pr Judges Calabresi, Cabranes and Lohier Background: The petitioner appealed from a judgment denying his petition for a writ of habeas corpus. The petitioner had been incarcerated ...

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‘Miranda’: United States v. Capers

U.S. Court of Appeals, Second Circuit ‘Miranda’ Two-Step Interrogation Technique United States v. Capers 07-1830-cr Appealed from the Southern District of New York Background: The government appeals from an order entered in the U.S. District Court for the Southern District ...

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