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· 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 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.