· 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 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.