United States of America, and v. Vicente Baltierra-Frausto, And
UNITED STATES of America, Plaintiff and Appellee, v. Vicente BALTIERRA-FRAUSTO, Defendant and Appellant
Opinion
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.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
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.