Legal Opinion

State v. Oliveira

Supreme Court of Rhode Island

Decided December 19, 2008No. 2007-30-C.APublishedCited by 29 opinions

1Opinion of the Court

OPINION

Justice SUTTELL, for the Court.

The dispositive issue in this appeal is whether a jailhouse interview by a child protective investigator concerning an allegation of child molestation implicates the right to counsel of a defendant already charged with committing the same act of molestation. In the context of this case, we conclude that it does, and thus we hold that the trial justice improperly admitted at the defendant’s trial the statement that the defendant made during the interview.

The defendant, James Oliveira, was convicted by a jury of first-degree child molestation. He appeals…

2Cases cited71 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Barker v. WingoSupreme Court of the United States · 1972
  4. United States v. WadeSupreme Court of the United States · 1967
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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3Cited by29 opinions

  1. State Of Iowa Vs. James Maximiliano OchoaSupreme Court of Iowa · 2010
  2. State v. DiefenderferSupreme Court of Rhode Island · 2009
  3. State v. ChaseSupreme Court of Rhode Island · 2010
  4. State v. RiveraSupreme Court of Rhode Island · 2010
  5. In Re Alexis L.Supreme Court of Rhode Island · 2009

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

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