Topic: there is a presumption against the waiver of constitutional… · Go Syfert
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Topic #14979

7 canonical passages across 5 cases, quoted by 26 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 Brookhart v. Janis.

#Case FlagCanonical passage Citers
1 Brookhart v. Janis Anchor
scotus · 1966
green “there is a presumption against the waiver of constitutional rights, and for a waiver to be effective it must be clearly established that there was an intentional relinquishment or abandonment of a known right or privilege.” 7
2 United States v. Thomas Allen Russell
ca10 · 1992
green “reasonably foreseen as a necessary or natural consequence of the unlawful agreement.” 4
3 Dale Matthew Olson v. Leslie Green, Chairman of Minnesota Board of Corrections, and Warren Spannaus, Attorney General of the State of Minnesota
ca8 · 1982
green “acted on the defendant's behalf or that they acted together.” 3
4 United States v. Thomas Allen Russell
ca10 · 1992
green “conspirators are responsible for crimes committed 'within the scope of the unlawful project' and thus 'reasonably foreseen as a necessary or natural consequence of the unlawful agreement.” 3
5 United States v. Walter E. Brewer and Brian E. Honel
ca10 · 1993
green “until the conspiracy accomplished its goals or that conspirator withdraws.” 3
6 United States v. White
dcd · 1993
green “because it was reasonably foreseeable to them joshua price could murder a witness in order to protect the drug distribution operation.” 3
7 United States v. White
dcd · 1993
green “the mere fact that defendants may have participated in the drug conspiracy did not constitute a waiver of their constitutional confrontation rights.” 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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