Topic: an express written or oral statement of waiver of the right… · Go Syfert
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Topic #14484

2 canonical passages across 2 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from North Carolina v. Butler.

#Case FlagCanonical passage Citers
1 North Carolina v. Butler Anchor
scotus · 1979
red “an express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver.” 24
2 United States v. James Gaines
ca2 · 2002
green “the question of waiver must be determined on 'the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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