Gesuale, E. v. Gesuale, J.

How courts have described this case

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

• “Miranda warnings contain an implicit assurance that a defendant’s silence after such warnings will carry no penalty”
• statements not suppressed where defendant only expressed uncertainty whether he wanted to speak to police without attorney
• “although the prosecutor’s question [of the defendant] was itself improper, the truly objectionable part of the exchange came from the defendant himself”
• where judge gave explicit and thorough instruction that defendant’s hesitation to speak to police was not to be held against him, and where evidence against defendant was substantial, error was harmless
• defendant expressed uncertainty as to whether he wanted to speak to police without attorney
• defendant expressed uncertainty as to whether he wanted to speak to police without attorney

Source: CourtListener parenthetical corpus (CC0).