green
Positive treatment
2.9 score
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
Berkley v. Quarterman
See Montoya v. Collins, 955 F.2d 279, 285-86 (5th Cir.1992)(holding capital murder defendant was not entitled to a jury instruction on involuntary manslaughter where jury was instructed on the lesser-included offense of criminally negligent homicide), cert. denied. 506 U.S. 1036 , 113 S.Ct. 820 , 121 L.Ed.2d 692 (1992).
cited
Cited "see"
Curry v. State
See Montoya v. Collins, 959 F.2d 969 (5th Cir.), cert. denied, — U.S. —, 113 S.Ct. 820 , 121 L.Ed.2d 692 (1992).
discussed
Cited "see, e.g."
State v. Montejo
See also Kuhlmann v. Wilson, 477 U.S. 436 , 106 S.Ct. 2616 , 91 L.Ed.2d 364 (1986). [68] See also Montoya v. Collins, 955 F.2d 279 (5th Cir.1992), reh. denied, 959 F.2d 969 , cert. denied, 506 U.S. 1036 , 113 S.Ct. 820 , 121 L.Ed.2d 692 (1992), where the Fifth Circuit held that not every appointment of counsel by a committing magistrate to protect the accused's interests constitutes a request for, or an assertion of, the right to counsel for purposes of Michigan v. Jackson.
discussed
Cited "see, e.g."
Skaggs v. Parker
See McNeil, 501 U.S. at 179 , 111 S.Ct. 2204 (“[Michigan v. Jackson held] that after the Sixth Amendment right to counsel attaches and is invoked, any statements obtained from the accused during subsequent police-initiated custodial questioning regarding the charge at issue (even if the accused purports to waive his rights) are inadmissible.”) (Emphasis added); see also Montoya v. Collins, 955 F.2d 279, 282-83 (5th Cir.) (“The rule of Jackson is invoked by the defendant’s assertion ... of the right to counsel.... [A]n ‘assertion’ means some kind of positive statement or other actio…
discussed
Cited "see, e.g."
State v. Carter
See also the Fifth Circuit Court of Appeals case of Montoya v. Collins, 955 F.2d 279 (5th Cir.), cert. denied, 506 U.S. 1036 , 113 S.Ct. 820 , 121 L.Ed.2d 692 (1992), which is specifically on point (The prior appointment of counsel at arraignment did not preclude the Fifth Circuit from finding defendant had made a valid waiver of his right to counsel during the interrogation, where defendant did not say anything during the appointment, failing to trigger the prophylactic rule of Michigan v. Jackson . ), and Wilcher v. Hargett, 978 F.2d 872 (5th Cir.1992), cert. denied, ___ U.S. ___, 114 S.Ct. …
cited
Cited "see, e.g."
Jones v. Welborn
See also Montoya v. Collins, 955 F.2d 279, 283-84 (5th Cir.), cert. denied, — U.S. —, 113 S.Ct. 820 , 121 L.Ed.2d 692 (1992) (extension of Jackson would be a new rule). 3.
Retrieving the full opinion text from the archive…
Simmons
v.
Howard, Warden
v.
Howard, Warden
No. 92-6261.
Supreme Court of the United States.
Dec 14, 1992.
Cited by 17 opinions | Published
C. A. 11th Cir. Certiorari denied.