MCMANN, WARDEN

v.

VANDERHORST

Citator

Cited By (43 total)

• Patton v. Yount, 467 U.S. 1025 (U.S. 1984)
  …under Miranda v. Arizona, 384 U. S. 436 (1966), police had given Yount inadequate notice of his right to an attorney prior to his confession. The court remanded for a new trial. Commonwealth v. Yount, 435 Pa. 276, 256 A. 2d 464 (1969), cert. denied, 397 U. S. 925 (1970). Prior to the second trial in 1970, the trial court ordered suppression of Yount’s written confessions and that portion of the oral confession that was obtained after he was legally in custody. The prosecution dismissed the rape charge. Ther…

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• United States v. Mapp, 476 F.2d 67 (2d Cir. 1973)
  …ir. 1970), cert. denied, 401 U.S. 983, 91 S.Ct. 1198, 28 L. Ed.2d 334 (1971), we note that each case must be decided on its own facts, cf. Verdugo v. United States, 402 F. 2d 599, 610-613 (9 Cir. 1968), cert. denied sub nom. Turner v. United States, 397 U.S. 925, 90 S.Ct. 931, 25 L.Ed.2d 105 (1970) and we leave this judgment to the discretion of the trial judge. Nor does our remand for resentencing on the “sale” count imply any views on our part as to whether the sentence should be modified because of our r…
• United States v. Larios, 640 F.2d 938 (9th Cir. 1981)
  …idavit in support of the warrant. This police misconduct is not sufficient to justify interfering with individualized sentencing. See Vandemark, 522 F. 2d at 1021-22. Cf. Verdugo v. United States, 402 F. 2d 599, 611-13 (9th Cir. 1968), cert. denied, 397 U.S. 925, 90 S.Ct. 931, 25 L.Ed.2d 105 (1970) (evidence excluded from sentencing consideration when search was conducted without a warrant, was “blatantly illegal,” and the court found that the police needed to be deterred from making illegal searches under…