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Name: People v. Keller
Case #: C033613
District 3 DCA
Opinion Date: 02/14/2001
Subsequent History: rev. granted 5/23/01 (S096233); Rev. dismissed 1/23/02 and remanded.

Editor's Note: Review granted. Appellant did not receive ineffective assistance of counsel because his attorney failed to object to the introduction of taped conversations appellant had with an undercover officer while appellant was in jail after arraignment for false imprisonment offenses committed against his wife. Appellant, who already had counsel appointed on the false imprisonment offenses, attempted to hire a "hit man" to keep his wife from testifying against him, without realizing that the hit man was an undercover officer who was recording his statements. On appeal, he argued that counsel should have moved to exclude the tapes…

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Name: U.S. v. Orso
Case #: 99-50328
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/17/2001
Subsequent History: Rehrg. En Banc rejected 12/28/01

On the ride to the police station, defendant made incriminating statements in response to the officer’s comments (one of which was false) about the evidence against her, and without having been given Miranda warnings. After arrival at the station, she signed a written Miranda waiver and fully confessed to the crime. The appellate court held her statements in the car were inadmissible for lack of Miranda warnings, but that her subsequent confession was admissible. The court held a proper reading of Oregon v. Elstad (1985) 470 U.S. 298 requires suppression of a warned confession only if it…

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Name: U.S. v. Michaud
Case #: 99-10440
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/25/2001
Subsequent History: None

Appellant was a suspect in a kidnap and sexual assault in Nevada. Placer County police secured arrest warrants for both appellant and her boyfriend, and FBI agents who were aware of the warrants, went to appellant’s hotel room. They told her that they were hotel management and that her boyfriend was sick and needed her. They then handcuffed her and secured consent to search her room. She gave a waiver of her Miranda rights. FBI agents and Placer County police then interrogated her until she requested a lawyer; they terminated the interrogation. Following appellant’s…

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