U.S. Court of Appeals for the Ninth Circuit, 1968

Stanley Francis Silva v. United States

Stanley Francis Silva v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided April 16, 1968 · Chambers, Barnes, Hamlin
394 F.2d 3; 1968 U.S. App. LEXIS 7301 (Federal Reporter, Second Series)

Stanley Francis Silva v. United States

Opinion

PER CURIAM:

The defendant’s in-custody confession was inadmissible for lack of a Miranda- type warning, inasmuch as his trial was commenced post -Miranda. Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

The judgment of conviction is reversed and the case remanded for a new trial. Johnson v. State of New Jersey, 384 U.S. 719, 721, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966). Cf. Groshart v. United States, 392 F.2d 172, (9th Cir. 1968).

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