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Ohio v. Gallagher, 425 U.S. 257 (1976)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ohio v. Gallagher, 425 U.S. 257 (1976)
Ohio v. Gallagher No. 74-492 Argued December 2, 1975 Decided April 5, 1976 425 U.S. 257
CERTIORARI TO THE SUPREME COURT OF OHIO
Syllabus
The Ohio Supreme Court held that testimony relating the statements of an accused in response to questions by a parole officer in an interview in a jail is inadmissible at trial if, prior to the questioning, the parole officer failed to advise the accused of his rights under Miranda v. Arizona, 384 U.S. 436. When, as here, it is not clear from the whole record whether the state court rested its decision upon the Fifth and Fourteenth Amendments to the United States Constitution or upon the Ohio Constitution, the judgment is vacated and the case is remanded to permit the Ohio Supreme Court to explicate whether or not its judgment relies on federal law. 38 Ohio St.2d 291, 313 N.E.2d 396, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Ohio v. Gallagher, 425 U.S. 257 (1976) in 425 U.S. 257 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FKWBQ2SWWY3644Z.
MLA: U.S. Supreme Court. "Syllabus." Ohio v. Gallagher, 425 U.S. 257 (1976), in 425 U.S. 257, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FKWBQ2SWWY3644Z.
Harvard: U.S. Supreme Court, 'Syllabus' in Ohio v. Gallagher, 425 U.S. 257 (1976). cited in 1976, 425 U.S. 257. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FKWBQ2SWWY3644Z.
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