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" Presuming waiver from a silent record is impermissible. The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver. "
The Psychology and Law of Criminal Justice Processes - Side 205
av Roger J. R. Levesque - 2006 - 723 sider
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Controlling Crime Through More Effective Law Enforcement: Hearings Before ...

United States. Congress. Senate. Judiciary - 1967 - 1318 sider
...obtained. A statement we made in Carnlcy v. Cochran, 369 US 506, 516 ( 1902 ) . is applicable here : "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." See also Olasxer v. United States. 315 US 60 (1942). Moreover, where in-custody interrogation is involved,...
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Nominations of Abe Fortas and Homer Thornberry: Hearings, Ninetieth Congress ...

United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 sider
...eventually obtained. A statement we made in Carnley v. Cochran, 369 US 506, 516 (1962), is applicable here: "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." 619 some information on his own prior to invoking his right to remain silent when interrogated." Whatever...
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Nominations of Abe Fortas and Homer Thornberry: Hearings...

United States. Congress. Senate. Judiciary - 1968 - 1834 sider
...eventually obtained. A statement we made in Carnley v. Cochrnn, 369 US 506, 516 (1962), is applicable here: "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." some information on his own prior to invoking his right to remain silent when interrogated." Whatever...
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Hearings, Reports and Prints of the Senate Committee on the Judiciary

United States. Congress. Senate. Committee on the Judiciary - 1968 - 1430 sider
...eventually obtained. A statement we made in Carnley v. Cochran, 369 US 506, 516 (1962), is applicable here: "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." some information on his own prior to invoking his right to remain silent when interrogated." Whatever...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 395

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1969 - 1082 sider
...506, 516, we dealt with a problem of waiver of the right to counsel, a Sixth Amendment right. We held: "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." We think that the same standard must be applied to determining whether a guilty plea is voluntarily...
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Speedy Trial Act of 1974: Hearings Before the Subcommittee on Crime of ...

United States. Congress. House. Committee on the Judiciary - 1974 - 1126 sider
...Public Utilities Comm'n, 301 US 292, 907 (1937). In Carnley v. Cochran, 369 US 506 (1002), we held: "Presuming waiver from a silent record is impermissible....accused was offered counsel but intelligently and understandably rejected the offer. Anything less is not waiver." Id., at 516. The Court has ruled similarly...
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Speedy Trial Act of 1974: Hearings Before the Subcommittee on ..., Volum 13

United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 1974 - 1136 sider
...Public Utilities Comm'n, 301 US 292, .'107 (1937). In Carnley v. Cochran, 369 US 506 (1002), we held: "Presuming waiver from a silent record is impermissible....accused was offered counsel but intelligently and understandably rejected the offer. Anything less is not waiver." Id., at 516. The Court has ruled similarly...
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Diversity of Citizenship Jurisdiction/magistrates Reform--1979: Hearings ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1979 - 434 sider
...fundamental rights," Ohio Bell Telephone Co. v. Public Utilities Commission, 301 US 292, 307. In many areas, presuming waiver from a silent record is impermissible. "The record must show" that an accused was offered but intelligently and understandably rejected the offer. "Anything less...
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Diversity of citizenship jurisdiction/magistrates reform, 1979: hearings ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1979 - 420 sider
...fundamental rights," Ohio Bell Telephone Co. v. Public Utilities Commission, 301 US 292, 307. In many areas, presuming waiver from a silent record is impermissible. "The record must show" that an accused was offered but intelligently and understandably rejected the offer. "Anything less...
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Federalism and the Federal Judiciary: Hearings Before the Subcommittee on ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers - 1984 - 1048 sider
...without charge; (4) that if the accused was willing to make a statement without an attorney present, "there must be an allegation and evidence which show...intelligently and understandingly rejected the offer." 384 US, at 471-475. The Supreme Court held: "But unless and until such warnings and waiver are demonstrated...
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