Legal Opinion
Michael Ricardo Leviston v. Charles Black, Warden, Nebraska Penal and Correctional Complex
Court of Appeals for the Eighth Circuit
Decided April 4, 1988No. 87-1303PublishedCited by 58 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
The sole issue meriting discussion in this appeal is whether Michael Ricardo Leviston was “in custody” for Miranda purposes when he made incriminating statements about a robbery, of which he was subsequently convicted, during two interviews with a police officer. At the time, Leviston was incarcerated on an unrelated misdemeanor conviction for assault. Leviston’s statements were not preceded by Miranda warnings and were introduced into evidence at his state trial for robbery and use of a firearm to commit a felony. Leviston was convicted of these charges and,…
2Cases cited10 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Berkemer v. McCartySupreme Court of the United States · 1984
- Mathis v. United StatesSupreme Court of the United States · 1968
- Enrique Ortiz Cervantes v. Bill Walker, Superintendent, Banning Road CampCourt of Appeals for the Ninth Circuit · 1979
- United States v. HelmelCourt of Appeals for the Eighth Circuit · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Herrera v. StateCourt of Criminal Appeals of Texas · 2007
- United States v. Leonard David GriffinCourt of Appeals for the Eighth Circuit · 1990
- Harold S. Alston v. Walter Redman, Warden Charles M. Oberly, Iii, Attorney General of the State of Delaware and the State of DelawareCourt of Appeals for the Third Circuit · 1994
- Commonwealth v. LarkinMassachusetts Supreme Judicial Court · 1999
- United States v. Michael S. MenzerCourt of Appeals for the Seventh Circuit · 1994
53 more not listed; retrieve them via the Exa API.