· 4/2/1985
United States v. Guadalupe Javier Heredia-Fernandez
Citations
- 756 F.2d 1412
- 1985 U.S. App. LEXIS 20178
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[L]anguage difficulties may impair the ability of a person in custody to waive [Miranda] rights in a free and aware manner.”
- written Miranda warnings in Spanish provided to Spanish-speaking defendant who acknowledged understanding of them and defendant had been previously arrested fifteen times so he might fairly have been presumed to be familiar with Miranda warnings.
- waiver valid where defendant received and signed waiver written in Spanish, repeatedly confirmed he understood his rights, and had been arrested 15 times in the past 8-10 years, thereby giving rise to the fair presumption that he was familiar with Miranda rights procedures
Source: CourtListener parenthetical corpus (CC0).
Judges: Boochever, Nelson, Reinhardt
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.