1. Explain the difference between holding and dictum. 2. Can the holding of a case be broader than the precedent...
2. Can the holding of a case be broader than the precedent relied on?
3. Why should dictum not be considered binding under the doctrine of stare decisis?
4. Was Miranda properly relied on by the majority in the Butler case?
5. If this same case had been decided by the United States Court of Appeals for the Second Circuit, would the decision have been different or the same? Why?
.The offense for which appellant was indicted, tried, and convicted occurred on August 30, 1964. He struck Annie Ruth Sullivan with a jack handle, causing an injury which resulted in loss of sight [in] her left eye. Appellant was apprehended and arrested by the Cincinnati police, and while in custody he was interrogated by police officers. Prior to the questioning, the police gave no explanation to appellant as to his rights to remain silent and have an attorney present. The interrogation was recorded and reduced to writing. Over objection by appellant’s counsel, these questions and answers were repeated by the prosecutor at trial to impeach statements made by appellant during cross-examination.
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Question Posted: September 15, 2012 07:07:41