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· 12/21/2015

Francisco Garcia v. David Long

Citations

  • 808 F.3d 771
  • 2015 U.S. App. LEXIS 22205
  • 2015 WL 9267557

How courts have described this case

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

  • holding that a suspect answering “no” to the question “[d]o you wish to talk to me?” was an unambiguous request to remain silent under Miranda
  • holding that a suspect answering “no” to the question “[d]o you wish to talk to me?” was an unambiguous request to remain silent under Miranda
  • the defendant unequivocally invoked his right to silence by saying “No,” to the question “do you wish to talk to me?”
  • “[The Brecht] standard is satisfied if the record raises ‘grave doubts’ about whether the error influenced the jury’s decision.”
  • “[The Brecht] standard is satisfied if the record raises ‘grave doubts’ about whether the error influenced the jury’s decision.”
  • response of “a simple ‘no’” when police asked, after giving Miranda warnings, “do you wish to talk to me?” was sufficient to invoke right to remain silent

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Bybee, Foote

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.