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· 5/5/1998

UNITED STATES of America, Plaintiff-Appellee, v. Jose Rosario GARIBAY, Jr., Defendant-Appellant

Citations

  • 143 F.3d 534
  • 98 Daily Journal DAR 4667
  • 98 Cal. Daily Op. Serv. 3361
  • 1998 U.S. App. LEXIS 8781
  • 1998 WL 216919

How courts have described this case

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

  • concluding that a suspect with an IQ score that placed him in the borderline range of intellectual functioning did not knowingly and intelligently waive his Miranda rights
  • holding that defendant could not have knowingly and intelligently waived his Miranda rights because his “IQ is borderline retarded” and he was unable “to understand oral instructions”
  • concluding that a suspect with an IQ score that placed him in the borderline range of intellectual functioning did not knowingly and intelligently waive his Miranda rights
  • holding admission not harmless where defendant’s statements “were the thrust of the prosecution’s case”
  • finding that statement was not knowingly and intelligently made where the suspect “did not appear to understand” the questions
  • stating that the factors listed were \considerations [to] guide our COURT OF APPEALS OF NEVADA 10 (0) 194713 inquiry\

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Hawkins, Weiner

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.