· 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 CourtListenerSourced 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.