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Positive treatment
Quoted verbatim 1×
9.5 score
“has consistently held that the rule of miranda applies only where a defendant is subjected to custodial interrogation.”
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1999
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Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Gamez
has consistently held that the rule of miranda applies only where a defendant is subjected to custodial interrogation.
cited
Cited "see"
State v. Bennett
See State v. Gaines, 345 N.C. 647, 668 , 483 S.E.2d 396, 408 , cert. denied, 522 U.S. 900 , 118 S. Ct. 248 , 139 L.
cited
Cited "see"
State v. Bennett
See State v. Gaines, 345 N.C. 647, 668 , 483 S.E.2d 396, 408 , cert. denied, 522 U.S. 900 , 118 S. Ct. 248 , 139 L.
cited
Cited "see"
State v. Hobbs
See State v. Gaines, 345 N.C. 647, 668 , 483 S.E.2d 396, 408 , cert. denied, 522 U.S. 900 , 139 L.
cited
Cited "see"
State v. Hobbs
See State v. Gaines, 345 N.C. 647, 668 , 483 S.E.2d 396, 408 , cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see"
State v. Waring
See State v. Gaines, 345 N.C. 647, 658-63 , 483 S.E.2d 396, 402-06 (holding that the juvenile defendants who voluntarily left their homes in the middle of night to ride to the police department in patrol cars and who were told they were not under arrest were not in custody), cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see"
In re J.D.B.
See State v. Gaines, 345 N.C. 647, 661 , 483 S.E.2d 396, 404-05 , cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see"
In Re JDB
See State v. Gaines, 345 N.C. 647, 661 , 483 S.E.2d 396, 404-05 , cert. denied, 522 U.S. 900 , 118 S.Ct. 248 , 139 L.Ed.2d 177 (1997) (noting that "the rule of Miranda applies only where a defendant is subjected to custodial interrogation," and that, "similarly, N.C.G.S. § 7A-595(d) [now N.C.G.S. § 7B-2101(a)] pertains only to statements obtained from a juvenile defendant as the result of custodial interrogation"). "[C]ustodial interrogation ... mean[s] questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action …
discussed
Cited "see"
State v. Gattis
See State v. Rogers, 316 N.C. 203, 220 , 341 S.E.2d 713, 723 (1986) (“N.C.G.S. § 15A-1222, which forbids the expression of an opinion by the trial court, is inapplicable when the jury is not present during the questioning.”), overruled on other grounds by State v. Gaines, 345 N.C. 647 , 483 S.E.2d 396 , cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see"
State v. Forrest
(2×)
See State v. Gaines, 345 N.C. 647, 672 , 483 S.E.2d 396, 411 , cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see"
State v. Haselden
(2×)
See State v. Rogers, 316 N.C. 203, 223 , 341 S.E.2d 713, 725 (1986) (admitting photographs of the crime scene for illustrative purposes where a witness testified that the photograph was a fair and accurate representation of the scene even though the photograph was not made at the time of the murder), overruled on other grounds by State v. Gaines, 345 N.C. 647 , 483 S.E.2d 396 , cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see"
State v. Trull
See State v. Gaines, 345 N.C. 647, 662-63 , 483 S.E.2d 396, 405 , cert. denied, 522 U.S. 900 , 139 L.
cited
Cited "see"
In Re Hodge
See State v. Gaines, 345 N.C. 647 , 483 S.E.2d 396 , cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see"
State v. Anthony
See State v. Gaines, 345 N.C. 647, 672 , 483 S.E.2d 396, 411 (testimony of officers that victim, after being shot, stated, “Tell Hilda that I love her,” “Am I going to die?” and “I’m going to die,” fit within excited utterance exception to hearsay rule and were admissible at trial), cert. denied, 522 U.S. 900 , 139 L.
cited
Cited "see"
State v. Golphin
See State v. Gaines, 345 N.C. 647, 668 , 483 S.E.2d 396, 408 , cert. denied, 522 U.S. 900 , 139 L.
discussed
Cited "see, e.g."
State v. Kemmerlin
Ed. 2d 714, 719 (1977), quoted in State v. Hoyle, 325 N.C. *457 232, 241, 382 S.E.2d 752, 756 (1989); see also State v. Gaines, 345 N.C. 647, 662 , 483 S.E.2d 396, 405 (“[T]he definitive inquiry is whether there was a formal arrest or a restraint on freedom of movement of the degree associated with a formal arrest.”), cert. denied, 522 U.S. 900 , 139 L.
cited
Cited "see, e.g."
State v. Hardy
Ed. 2d at 405 ; see also State v. Gaines, 345 N.C. 647, 668 , 483 S.E.2d 396, 408 , cert. denied, 522 U.S. 900 , 139 L.
cited
Cited "see, e.g."
State v. Lawrence
Ed. 2d at 405 ; see also State v. Gaines, 345 N.C. 647, 668 , 483 S.E.2d 396, 408 , cert. denied, 522 U.S. 900 , 139 L.
Retrieving the full opinion text from the archive…
Gaines
v.
North Carolina and Harris v. North Carolina
v.
North Carolina and Harris v. North Carolina
No. 97-5571; No. 97-5613.
Supreme Court of the United States.
Oct 6, 1997.
Cited by 1 opinion | Published
Citer courts: Court of Appeals of North Caro… (1)
Sup. Ct. N. C. Certiorari denied. Reported below: 345 N. C. 647, 483 S. E. 2d 396.