· 5/18/1998
United States v. Esparza-Ponce
Citations
- 7 F. Supp. 2d 1084
- 1998 U.S. Dist. LEXIS 11341
- 1998 WL 258432
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because a violation of the Convention does not equate to a Miranda violation, applying the “presumption of prejudice mandated by Miranda” is inappropriate
- concluding that defendant's Vienna Convention claim was not entitled to Miranda presumption of prejudice
- reaching merits of Vienna Convention claim after noting that \several courts have allowed individual claims of violations of the Convention to proceed\
- refusing to equate a violation of Article 36 to a Miranda violation
- “[A] violation of the Convention does not rise to the level of a Miranda violation. Applying the presumption of prejudice mandated by Miranda is therefore inappropriate.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rhoades
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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