HERNANDEZ

v.

CALIFORNIA

Citator

Cited By

• United States v. Collins, 462 F.2d 792 (2d Cir. 1972)
  …s or more after interrogation has ceased, voluntarily waives his right to remain silent and initiates a statement. See, e. g., United States v. Crisp, 435 F. 2d 354, 357 (7th Cir. 1970); State v. Godfrey, 182 Neb. 451, 155 N.W. 2d 438, cert. denied, 392 U.S. 937, 88 S.Ct. 2309, 20 L.Ed.2d 1396 (1968). The effect of the majority’s decision is to overrule sub silentio the precise mandate laid down by the Supreme Court in Miranda. A substantial segment of the federal judiciary may justifiably believe that the…
• United States v. Elden Turcotte and Forrest Gerry, Jr., 515 F.2d 145 (2d Cir. 1975)
  …withdrew the motion to dismiss for improper venue prior to trial. United States v. Price, 447 F. 2d 23, 26-28 (2d Cir.), cert. denied, 404 U.S. 912, 92 S.Ct. 232, 30 L.Ed.2d 186 (1971); United States v. Rivera, 388 F. 2d 545 (2d Cir.), cert. denied, 392 U.S. 937, 88 S.Ct. 2308, 20 L.Ed.2d 1396 (1968). See generally C. Wright, Federal Practice & Procedure—Criminal § 306 (1969). . Turcotte also objects now (but he did not at trial) to two isolated portions of the trial court’s charge to the jury. The first p…
• United States v. Price, 447 F.2d 23 (2d Cir. 1971)
  …y reveal this defect but the defendant fails to object; and (b) when, after the government has concluded its case, the defendant specifies grounds for acquittal but is silent as to venue. United States v. Rivera, 388 F. 2d 545 (2 Cir.) cert. denied, 392 U.S. 937, 88 S.Ct. 2308, 20 L.Ed.2d 1396 (1968); United States v. Gross, 276 F. 2d 816 (2 Cir.) cert. denied, 363 U.S. 831, 80 S.Ct. 1602, 4 L.Ed. 2d 1525 (1960); United States v. Brothman, 191 F. 2d 70 (2 Cir. 1951). Under either of these tests, the venue…