Legal Opinion

United States v. Damon Kimbrough

Court of Appeals for the Fourth Circuit

Decided February 16, 2007No. 06-4341PublishedCited by 29 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.

OPINION

DUNCAN, Circuit Judge:

This appeal examines the extent to which the government may rely at trial on statements elicited by a third person — • here, a suspect’s mother — prior to police giving the suspect a valid warning under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

The United States appeals the district court’s order suppressing statements made by Damon Kimbrough (“Appellee”) in response to questions asked by his mother. Appellee…

2Cases cited16 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Rhode Island v. InnisSupreme Court of the United States · 1980
  3. Oregon v. ElstadSupreme Court of the United States · 1985
  4. Michigan v. TuckerSupreme Court of the United States · 1974
  5. Illinois v. PerkinsSupreme Court of the United States · 1990

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

3Cited by29 opinions

  1. United States v. ShraderCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. MurphyCourt of Appeals for the Fourth Circuit · 2009
  3. United States v. BlakeCourt of Appeals for the Fourth Circuit · 2009
  4. United States v. JamisonCourt of Appeals for the Fourth Circuit · 2007
  5. United States v. McCoyCourt of Appeals for the Fourth Circuit · 2008

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

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