Legal Opinion
Jose Rosa v. Frank McCray and Eliot L. Spitzer
Court of Appeals for the Second Circuit
Decided January 27, 2005No. Docket 04-2188-PRPublishedCited by 114 opinions
1Opinion of the Court
Judge STRAUB concurs in part and dissents in part in a separate opinion.
MINER, Circuit Judge:
The question presented is whether, absent Miranda warnings, the admission at trial of an unsolicited comment by a defendant to a police officer — volunteered as an additional response to a “pedigree” question during booking — violates the defendant’s Fifth Amendment right to be free from self-incrimination.
Respondents-appellants appeal from a judgment entered April 1, 2004, in the United States District Court for the Southern District of New York (Motley, J.) granting the application of the…
2Cases cited21 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Williams v. TaylorSupreme Court of the United States · 2000
- Rhode Island v. InnisSupreme Court of the United States · 1980
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
- Pennsylvania v. MunizSupreme Court of the United States · 1990
16 more not listed; retrieve them via the Exa API.
3Cited by114 opinions
- Jackson v. ConwayCourt of Appeals for the Second Circuit · 2014
- Carrie Gentry v. Doris Deuth, Warden, Kentucky Correctional Institute for WomenCourt of Appeals for the Sixth Circuit · 2006
- United States v. RommyCourt of Appeals for the Second Circuit · 2007
- Kirk v. BurgeDistrict Court, S.D. New York · 2009
- Alfredo Serrano v. Brian Fischer, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 2005
109 more not listed; retrieve them via the Exa API.