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2009
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Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "see"
Stratavest Ltd. v. Rogers
See Ebker v. Tan Jay International, Ltd., 741 F.Supp. 448, 468 (S.D.N.Y.1990), aff'd, 930 F.2d 909 (2d Cir.), cert. denied, 502 U.S. 853 , 112 S.Ct. 161 , 116 L.Ed.2d 126 (1991); Pedersen v. Manitowoc Co., 25 N.Y.2d 412, 419 , 306 N.Y.S.2d 903 , 255 N.E.2d 146 (1969).
discussed
Cited "see"
Noble v. State
See Miller v. Fenton, supra. Showing a murder suspect photographs of the murder victim is not inherently coercive police conduct, as indicated by the case of Derrick v. Peterson, 924 F.2d 813 (9th Cir. 1990), cert. denied, 112 S. Ct. 161 (1991).
discussed
Cited "see"
State v. Kekona
(2×)
See Derrick v. Peterson, 924 F.2d 813, 824 (9th Cir.1990) (sixteen year old with mental age of nine year old and I.Q. of 62 capable of understanding and waiving Miranda rights), cert. denied, 502 U.S. 853 , 112 S.Ct. 161 , 116 L.Ed.2d 126 (1991).
discussed
Cited "see"
Maier-Schule GMC, Inc. v. General Motors Corp.
See Gill v. Montgomery Ward & Co., 284 A.D. 36, 41 , 129 N.Y.S.2d 288, 295 (3rd Dept., 1954).” Ebker v. Tan Jay Int’l Ltd., 741 F.Supp. 448, 472 (S.D.N.Y.1990), aff'd, 930 F.2d 909 (2d Cir.), cert, denied, —— U.S. -, 112 S.Ct. 161 , 116 L.Ed.2d 126 reh’g denied, — U.S. -, 112 S.Ct. 625 , 116 L.Ed.2d 646 (1991).
discussed
Cited "see"
William Scott Smith v. Manfred Maass, Superintendent, Oregon State Penitentiary
See Derrick v. Peterson, 924 F.2d 813, 816-17, 821 (9th Cir.1990) (valid waiver by sixteen year-old with I.Q. of 62-74 when police read him rights three or four times and defendant gave written waiver), cert. denied, 112 S.Ct. 161 (1991). 19 Finally, the police's continued interrogation of Smith on April 23 is troubling. 5 Any "minimally trained police officer should have known" that continued interrogation was impermissible and was likely to produce an improper confession.
discussed
Cited "see"
United States v. Javier Toscano-Padilla
See Derrick v. Peterson, 924 F.2d 813, 824 (9th Cir.1990) (sixteen year old with mental age of nine year old and I.Q. of 62 capable of understanding and waiving Miranda rights), cert. denied, 112 S.Ct. 161 (1991).
discussed
Cited "see"
United States v. Anna Yi
See Derrick v. Peterson, 924 F.2d 813, 818 (9th Cir.1990), cert. denied, 112 S.Ct. 161 (1991); United States v. Rohrbach, 813 F.2d 142, 144 (8th Cir.), cert. denied, 482 U.S. 909 (1987). 27 Yi first argues that the police engaged in coercive tactics which rendered her statements involuntary.
discussed
Cited "see, e.g."
United States v. Eddie L. Turner
“We read Connelly , therefore, as holding only that police coercion is a necessary prerequisite to a determination that a waiver was involuntary and not as bearing on the separate question whether the waiver was knowing and intelligent.” United States v. Bradshaw, 935 F.2d 295, 299 (D.C.Cir.1991); see also Derrick v. Peterson, 924 F.2d 813, 820 (9th Cir.1990) (“[w]hatever doubt remained after Connelly concerning the distinct nature of the knowing and intelligent prong of the waiver inquiry was removed by the Court’s decision in Colorado v. Spring”), cert. denied, 502 U.S. 853 , 112 S…
discussed
Cited "see, e.g."
Kelley v. Farley
See also, People v. Steidl, 142 Ill.2d 204 , 154 Ill.Dec. 616 , 568 N.E.2d 837 (1991) cert. denied, 502 U.S. 853 , 112 S.Ct. 161 , 116 L.Ed.2d 125 (holding that jury returning verdict 45 minutes after informed would be sequestered in hotel was not coerced into verdict); Ziegler v. State, 65 Wis.2d 703 , 223 N.W.2d 442 (1974) People v. Derrico, 409 Ill. 453 , 100 N.E.2d 607 (1951) (trial judge did not curtail deliberations of jury by informing them that it would be accommodate in hotel overnight rather than prolong further deliberations). .
cited
Cited "see, e.g."
William Edward Lambert v. Manfred F. Maass
See also Derrick v. Peterson, 924 F.2d 813 (9th Cir.1990), cert. denied, 112 S.Ct. 161 (1991).
discussed
Cited "see, e.g."
Arnett v. Lewis
Colorado v. Connelly, 479 U.S. 157, 167 , 107 S.Ct. 515, 521-22 , 93 L.Ed.2d 473 (1986); See also Derrick v. Peterson, 924 F.2d 813, 818 (9th Cir.1990), cert. denied, 502 U.S. 853 , 112 S.Ct. 161 , 116 L.Ed.2d 126 (1991) (noting that age and mental capacity of the defendant became relevant to the voluntariness inquiry only if coercive police conduct was present). 6.
discussed
Cited "see, e.g."
Nicky William Woodall v. James Rowland
As the Supreme Court observed in Sumner v. Mata, 455 U.S. 591 (1982) ("Sumner II" ), although the ultimate determination as to the constitutionality of a challenged procedure is a mixed question of law and fact, "the questions of fact that underlie this ultimate conclusion are governed by the statutory presumption...." Sumner II, 455 U.S. at 597 (emphasis in original); see also Derrick v. Peterson, 924 F.2d 813, 817 (9th Cir.1990), cert. denied, 112 S.Ct. 161 (1991) (state trial court finding that defendant waived Miranda rights entitled to presumption of correctness under Sec. 2254(d)).
Retrieving the full opinion text from the archive…
Boyd
v.
Cooley
v.
Cooley
No. 90-8478.
Supreme Court of the United States.
Oct 7, 1991.
Published
C. A. 4th Cir. Certiorari denied.