PAPADAKIS
v.
SECRETARY OF HEALTH, EDUCATION, AND WELFARE

U.S. | 1979-10-01
No. 78-6776
444 U.S. 855 Supreme Court of the United States (1979) Positive Treatment
Cited by 6 cases

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  • United States v. Truong Dinh Hung, 629 F.2d 908 (4th Cir. 1980)
    …ational defense’ in the Espionage Act carry that meaning.” Thus, the defendants’ attempt to constrict the ambit of “national defense” to strictly military matters cannot succeed. See United States v. Boyce, 594 F. 2d 1246 (9 Cir.1979), cert. denied, 444 U.S. 855, 100 S.Ct. 112, 62 L.Ed.2d 73 (1980). Under either the strict definition urged by the defendants or the broad definition endorsed by the Supreme Court in Gorin, the defendants transmitted information which related to the national defense. The mater…
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  • United States v. Feldhacker, 849 F.2d 293 (8th Cir. 1988)
    …s particular instance, the suppression of Critz’s confession clearly constitutes a change in circumstances which justifies reindictment after a dismissal under Rule 48(a). See United States v. Mendenhall, 597 F. 2d 639, 641 (8th Cir.), cert. denied, 444 U.S. 855, 100 S.Ct. 113, 62 L.Ed.2d 73 (1979). It is not argued that the government knew when Critz was initially indicted that the statement would be suppressed. Nor has Critz shown that the grand jury obtained any evidence against him while the original in…
  • United States v. Valencia, 773 F.2d 1037 (9th Cir. 1985)
    …st.” Quigg, 616 F. 2d at 1110. We have maintained in a number of cases that “declining to sign a Miranda waiver form [is equivalent to] an assertion of the right to silence____” United States v. Boyce, 594 F. 2d 1246, 1250 (9th Cir.), cert. denied, 444 U.S. 855, 100 S.Ct. 112, 62 L.Ed.2d 73 (1979); accord United States v. Heldt, 745 F. 2d 1275, 1278 (9th Cir.1984); Wycoff, 545 F. 2d at 681.3 A defendant’s refusal to sign a waiver-of-rights form, such as the one Carlon asked Valencia to sign, cannot be intr…

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