LEWIS

v.

UNITED STATES

Citator

Cited By (18 total)

• State v. Roberts, 274 So. 2d 262 (Fla. 1st DCA 1973)
  …rule has lost much of its vitality as a result of the equally controversial Miranda rule. The impact of Miranda on the McNabb-Mallory doctrine was adumbrated in Pettyjohn v. United States, 136 U.S.App.D.C. 69, 419 F. 2d 651, 655 (1969), cert. denied 397 U.S. 1058, 90 S.Ct. 1383, 25 L.Ed.2d 676, in which the court stated: “Appellant’s second contention is that after his arrest he was not promptly taken before a United States Commissioner in violation of Rule 5(a) of the Federal Rules of Criminal Procedure as…
• State v. Edred Augustus Black, 284 So. 2d 467 (Fla. 1st DCA 1973)
  …th other rules of law. It is undisputed that appellee was afforded a statement of his rights under the Miranda decision, yet he did not ask for an attorney. In Pettyjohn v. United States, 136 U.S.App.D.C. 69, 419 F. 2d 651, 655 (1969), cert. denied 397 U.S. 1058, 90 S.Ct. 1383, 25 L.Ed.2d 676, it was held that the right of an accused to be taken before a committing magistrate is waived if the accused gives a confession or statement following the Miranda warnings. To like effect, see O’Neal v. United States,…
• Corley v. United States, 556 U.S. 303 (U.S. 2009)
  …U. S. 841 (1978); United States v. Duvall, 537 F. 2d 15, 23-24, n. 9 (CA2), cert. denied, 426 U. S. 950 (1976); United States v. Howell, 470 F. 2d 1064, 1067, n. 1 (CA9 1972); Pettyjohn v. United States, 419 F. 2d 651, 656 (CABC 1969), cert. denied, 397 U. S. 1058 (1970); O’Neal v. United States, 411 F. 2d 131, 136-137 (CA5), cert. denied, 396 U. S. 827 (1969). Whether or not those decisions are correct, it is certainly not clear that the McNabb-Mallory rule adds much protection beyond that provided by Mira…