Legal Opinion

People v. Whitaker

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 1980PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

In People v Rogers (48 NY2d 167 [decided Oct. 23, 1979]), the Court of Appeals held that once an attorney has entered a criminal proceeding, thereby signifying that the police should cease questioning, a defendant may not be further interrogated in the absencé of counsel even when the interrogation concerns matters unrelated to the charge for which he is already represented by counsel. The principal question presented on appeal is whether the rule enunciated in Rogers should be applied retroactively or only prospectively. Appellant’s judgment of conviction for…

2Cases cited32 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Jackson v. DennoSupreme Court of the United States · 1964
  5. Escobedo v. IllinoisSupreme Court of the United States · 1964

27 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Jehan Abdur Raheem, F/k/a John Whitaker v. Walter R. Kelly, Superintendent of Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2001
  2. People v. RoblesNew York Court of Appeals · 1988
  3. People v. WhitakerNew York Court of Appeals · 1985
  4. Frazier v. New YorkDistrict Court, S.D. New York · 2002
  5. Vasquez v. PooleDistrict Court, E.D. New York · 2004

6 more not listed; retrieve them via the Exa API.

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