SULLIVAN

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By (18 total)

• State v. Roberts, 274 So. 2d 262 (Fla. 1st DCA 1973)
  …admitted into evidence.” Almost contemporaneously with the Pet-tyjohn decision, the Fifth Circuit Court of Appeals recognized the effect of Miranda on the McNabb-Mallory rule. In O’Neal v. United States, 411 F. 2d 131 (C.A. 5th 1969), cert. denied 396 U.S. 827, 90 S.Ct. 72, 24 L.Ed.2d 77, the court said: “Mallory was intended to insure that a suspect not be held for long hours of interrogation during which he had only his own personal stamina with which to resist an overbearing police barrage, and that i…
• State v. Edred Augustus Black, 284 So. 2d 467 (Fla. 1st DCA 1973)
  …hat 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, 411 F. 2d 131 (C. A. 5th 1969), cert. denied 396 U.S. 827, 90 S.Ct. 72, 24 L.Ed.2d 77. In my view, the reliance by the dissenting opinion upon the Supreme Court’s decision in Jesse Obendale Roberts is unavailing. The Roberts decision explicitly is founded upon the mandate of Section 39.- [*469] 03, Florid…
• Corley v. United States, 556 U.S. 303 (U.S. 2009)
  …6 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 Miranda. B The Court contends that the legislative history of §3501 supports its interpretati…