UNITED STATES OF AMERICA, PLAINTIFF AND APPELLEE,
v.
VICENTE BALTIERRA-FRAUSTO, DEFENDANT AND APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF AND APPELLEE,
VICENTE BALTIERRA-FRAUSTO, DEFENDANT AND APPELLANT
472 F.2d 597
United States Court of Appeals for the Ninth Circuit (1973)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
This case of conspiracy to import marijuana is affirmed. The whole defense concerned the admission into evidence of the defendant’s oral confession. We find the ruling admitting the statements was quite proper. The Miranda warning was adequate and given twice. On the first warning, the waiver was equivocal. But the oral waiver was not equivocal on the second warning. There was no duty to give a third warning or to lecture the defendant on the elements of the warning.
Therefore, the trial judge’s hearing of some evidence from the co-defendant with Baltierra-Frausto absent was not prejudicial, although it was improper procedure. Cf. Singleton v. United States, 381 F. 2d 1, 9 Cir., 1967, cert. denied 389 U.S. 1024, 88 S.Ct. 601, 19 L.Ed.2d 673, 1967.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Simmons, 476 F.2d 33 (9th Cir. 1973)
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Colvin v. United States, 479 F.2d 998 (9th Cir. 1973)
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United States v. Denver Gene Richardson, 484 F.2d 1046 (9th Cir. 1973)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Singleton v. United States, 381 F.2d 1 (9th Cir. 1967)
- Patskanick et vir v. Nat'l Labor Relations Bd., 389 U.S. 1024 (U.S. 1967)
- Wilkerson v. California, 389 U.S. 1024 (U.S. 1967)