United States Ninth Circuit

Defendant's Fifth Amendment rights were violated when the trial court admitted a tape recording of certain utterances he made during an interrogation even though he had said he did not want to talk on tape and responded to all substantive questions by saying "no comment."

Appellate Information

• Argued 01/13/2005
• Decided 08/24/2005
• Published 08/24/2005

Judges

• BRIGHT, Circuit Judge., Before MYRON H. BRIGHT,TASHIMA, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Amitai Schwartz, Esq., Elizabeth Letcher, Esq., Emeryville, CA, for the appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Peggy S. Ruffra, Supervising Deputy Attorney General, Morris Beatus, Deputy Attorney General, San Francisco, CA, for the appellee.