[DOWNLOAD] "Michigan v. Tucker" by Supreme Court of the United States " eBook PDF Kindle ePub Free

eBook details

Title: Michigan v. Tucker
Author : Supreme Court of the United States
Release Date : January 10, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 75 KB

Description

This case presents the question whether the testimony of a witness in respondents state court trial for rape must be excluded simply because police had learned the identity of the witness by questioning respondent at a time when he was in custody as a suspect, but had not been advised that counsel would be appointed for him if he was indigent. The questioning took place before this Courts decision in Miranda v. Arizona, 384 U.S. 436 (1966), but respondents trial, at which he was convicted, took place afterwards. Under the holding of Johnson v. New Jersey, 384 U.S. 719 (1966), therefore, Miranda is applicable to this case. The United States District Court for the Eastern District of Michigan reviewed respondents claim on a petition for habeas corpus and held that the testimony must be excluded. The Court of Appeals affirmed.