Legal Opinion

Bernard Tyrone Whitaker v. Larry R. Meachum, Commissioner of Correction

Court of Appeals for the Second Circuit

Decided September 5, 1997No. 1791, Docket 96-2760PublishedCited by 41 opinions

1Per curiam

In this appeal from a judgment of the United States District Court for the District of Connecticut (Alan H. Nevas, Judge), Bernard Tyrone Whitaker (“Whitaker” or “petitioner”) suggests that on federal collateral review of a state court conviction, the Government bears the burden of proving that, after having been read the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), petitioner voluntarily waived the rights of which he was advised. This argument is foreclosed by long-standing precedents establishing that the burden of proving a constitutional…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Miranda v. ArizonaSupreme Court of the United States · 1966
  4. Johnson v. ZerbstSupreme Court of the United States · 1938
  5. Sumner v. MataSupreme Court of the United States · 1981

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3Cited by41 opinions

  1. Edwards v. Superintendent, Southport C.F.District Court, E.D. New York · 2013
  2. Khadr v. BushDistrict Court, District of Columbia · 2008
  3. Cunningham v. ConwayDistrict Court, W.D. New York · 2010
  4. Robinson v. StegallDistrict Court, E.D. Michigan · 2001
  5. Warren v. MillerDistrict Court, E.D. New York · 2000

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

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