Legal Opinion

North Carolina v. Butler

Supreme Court of the United States

Decided April 24, 1979No. 78-354PublishedCited by 1,872 opinions

1Opinion of the CourtJustice Stewart

In evident conflict with the present view of every other court that has considered the issue, the North Carolina Supreme Court has held that Miranda v. Arizona, 384 U. S. 436, requires that no statement of a person under custodial interrogation may be admitted in evidence against him unless, at the time the statement was made, he explicitly waived the right to the presence of a lawyer. We granted certiorari to consider whether this per se rule reflects a proper understanding of the Miranda decision. 439 U. S. 1046.

The respondent was convicted in a North Carolina trial court of kidnaping,…

2Cases cited53 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Carnley v. CochranSupreme Court of the United States · 1962

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3Cited by1,872 opinions

  1. Edwards v. ArizonaSupreme Court of the United States · 1981
  2. Colorado v. ConnellySupreme Court of the United States · 1986
  3. Moran v. BurbineSupreme Court of the United States · 1986
  4. Davis v. United StatesSupreme Court of the United States · 1994
  5. Fare v. Michael C.Supreme Court of the United States · 1979

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