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People v. Jourdan

People v. Jourdan, 165 N.W.2d 890 (Mich. Ct. App. 1968)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
December 19, 1968
Docket
No. 3,804
Judges
Kavanagh, Quinn, Miller
Citations
165 N.W.2d 89014 Mich. App. 7431968 Mich. App. LEXIS 984
Cited by 8

Opinion — Per Curiam

*744 Per Curiam.

Defendant was tried by a jury on April 12 and 13, 1967, and convicted of breaking and entering, MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305). Thereafter, he was sentenced. His appeal attacks the admission of his oral confession at trial.

This attack is based on the following facts: Defendant was questioned by the police October 5, 1965, at which time he was advised of his right to remain silent, that anything he said could and would be used against him in court, that he was entitled to an attorney and an attorney would be furnished to him if he could not afford to employ one. Defendant was not advised that interrogation would cease at his request and that he was entitled to counsel during interrogation, as required by Miranda v. Arizona (1966), 384 US 436 ( 86 S Ct 1602 , 16 L Ed 2d 694 ).

Johnson v. New Jersey (1966), 384 US 719 ( 86 S Ct 1772 , 16 L Ed 2d 882 ), mad & Miranda applicable to trials commenced after June 13, 1966.

Although the trial court determined defendant’s confession voluntary and admissible after a Walker hearing, this court is bound by the Miranda doctrine.

People v. Whisenant (1968), 11 Mich App 432 .

Reversed and new trial ordered.

T. Gr. Kavanagh, P. J., and Quinn and Miller, JJ., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1970: 21971: 21973: 11979: 12018: 12020: 119702026peak 1970 · 2

Relies on it most ⓘ

  1. People v. Tubbs177 N.W.2d 622 (Mich. Ct. App. 1970)
  2. People v. Hooper212 N.W.2d 786 (Mich. Ct. App. 1973)
  3. People of Michigan v. Laricca Seminta Mathews922 N.W.2d 371 (Mich. Ct. App. 2018)
  4. State v. Holderness191 N.W.2d 642 (Iowa 1971)
  5. People v. Johnson282 N.W.2d 380 (Mich. Ct. App. 1979)
  6. People v. Cruthird186 N.W.2d 53 (Mich. Ct. App. 1971)

Most recent

  1. People of Michigan v. Laricca Seminta MathewsNo. 158102 (Mich. June 12, 2020)
  2. People of Michigan v. Laricca Seminta Mathews922 N.W.2d 371 (Mich. Ct. App. 2018)
  3. People v. Johnson282 N.W.2d 380 (Mich. Ct. App. 1979)
  4. People v. Hooper212 N.W.2d 786 (Mich. Ct. App. 1973)
  5. State v. Holderness191 N.W.2d 642 (Iowa 1971)
  6. People v. Cruthird186 N.W.2d 53 (Mich. Ct. App. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Miranda v. Arizona, 384 U.S. 436 (1966) 50,292
Johnson v. New Jersey, 384 U.S. 719 (1966) 2,455
People v. Whisenant, 161 N.W.2d 425 (Mich. Ct. App. 1968) 14

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