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United States of America, and v. Vicente Baltierra-Frausto, And

UNITED STATES of America, Plaintiff and Appellee, v. Vicente BALTIERRA-FRAUSTO, Defendant and Appellant

United States, and v. Baltierra-Frausto, 472 F.2d 597 (9th Cir. 1973)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
May 7, 1973
Docket
No. 72-2946
Judges
Chambers, Trask, Byrne
Citations
472 F.2d 597

Opinion — Per Curiam

PER CURIAM:

This case of conspiracy to import marijuana is affirmed. The whole defense concerned the admission into evidence of the defendant’s oral confession. We find the ruling admitting the statements was quite proper. The Miranda warning was adequate and given twice. On the first warning, the waiver was equivocal. But the oral waiver was not equivocal on the second warning. There was no duty to give a third warning or to lecture the defendant on the elements of the warning.

Therefore, the trial judge’s hearing of some evidence from the co-defendant with Baltierra-Frausto absent was not prejudicial, although it was improper procedure. Cf. Singleton v. United States, 381 F.2d 1 , 9 Cir., 1967, cert. denied 389 U.S. 1024 , 88 S.Ct. 601 , 19 L.Ed.2d 673 , 1967.

How later courts describe this case

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

1975: 119752026peak 1975 · 1

Relies on it most ⓘ

  1. Hayton v. Egeler405 F. Supp. 1133 (E.D. Mich. 1975)

Most recent

  1. Hayton v. Egeler405 F. Supp. 1133 (E.D. Mich. 1975)

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 1

DepthCaseCited by
Singleton v. United States, 381 F.2d 1 (9th Cir. 1967) 14

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