RAMIREZ
v.
UNITED STATES

U.S. | 1971-10-12
No. 71-62
Mr. Justice Douglas and Mr. Justice Brennan are of the opinion that certiorari should be granted.
404 U.S. 869 Supreme Court of the United States (1971) Negative Treatment
Cited by 45 cases

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Cited By (42 total)

  • United States v. Hale, 422 U.S. 171 (U.S. 1975)
    …on v. Patterson, 475 F. 2d 1066 (CA10), cert. denied, 414 U. S. 878 (1973), with United States ex rel. Burt v. New Jersey, 475 F. 2d 234 (CA3), cert. denied, 414 U. S. 938 (1973); and United States v. Ramirez, 441 F. 2d 950, 954 (CA5), cert. denied, 404 U. S. 869 (1971). Immediately following the exchange, the court cautioned the jury that the questioning was improper and that they were to disregard it. The Court of Appeals held that the error was not cured by this instruction, and the Government does not c…
  • United States v. Alton R. Fairchild, 505 F.2d 1378 (5th Cir. 1975)
    …e cases, silence following Miranda warnings can be the type of act which is inconsistent with certain exculpatory trial testimony. In such cases evidence of the silence is admissible. United States v. Ramirez, 441 F. 2d 950 (5th Cir.), cert. denied, 404 U.S. 869, 92 S.Ct. 91, 30 L.Ed.2d 113 (1971), United States v. Quintana-Gomez, 488 F. 2d 1246 (5th Cir. 1974).7 But, to be admissible, keeping silence must be much more than ambiguous. It must appear to be an act blatantly inconsistent with the defendant’s t…
  • United States v. Liddy, 509 F.2d 428 (D.C. Cir. 1974)
    …. Compare United States v. Hale, 498 F. 2d 1038 (D.C. Cir. 1974); Johnson v. Patterson, 475 F. 2d 1066 (10th Cir.), cert. denied, 414 U.S. 878, 94 S.Ct. 64, 38 L.Ed.2d 124 (1973) with United States v. Ramirez, 441 F. 2d 950 (5th Cir.), cert. denied, 404 U.S. 869, 92 S.Ct. 91, 30 L.Ed.2d 113 (1971). This disagreement appears to be grounded primarily on diverse conclusions reached in attempts to harmonize the Supreme Court’s decision in Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971), and…

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