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· 5/6/1942

Claim of Nerthling v. Dickinson

Citations

  • 264 A.D. 798
  • 35 N.Y.S.2d 285
  • 1942 N.Y. App. Div. LEXIS 4774

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • vacating guilty plea when it followed erroneous denial of motion to suppress for violation of Miranda right to counsel
  • Miranda waiver following assertion of right to counsel requires both traditional waiver by the suspect and scrupulous honoring of original request by the police
  • Supreme Court may still impose per se rule for Miranda right to counsel violations
  • rights not scrupulously honored where only ten minutes between exercising right to have counsel present and second interrogation, even though readvised, where officer in interim gave defendant a fuller “explanation” of case against him
  • rights were not scrupulously honored where second interrogation began only ten minutes after defendant exercised right, defendant was not given opportunity to obtain counsel, and officer’s statement in interim was calculated to persuade defendant to reconsider

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.