United States Court of Appeals, 9th Circuit -- July 15, 2013
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by: Alex Flood • July 17, 2013 • no comments
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A Spanish-language Miranda warning failed to reasonably convey the defendant’s right to counsel when a detective incorrectly used the Spanish word “libre” to mean “free” or “without cost.” “Libre” correctly translates to “free,” as in available or at liberty to do something. Since such a warning creates the belief that the right to appointed counsel is contingent upon the availability of counsel, the warning affirmatively misled the defendant of his right to appointed counsel. [http://cdn.ca9.uscourts.gov/datastore/opinions/2013/07/15/12-30074.pdf United States v. Botello-Rosales], __Fed Appx__, (9th Cir Apr 2013) | A Spanish-language Miranda warning failed to reasonably convey the defendant’s right to counsel when a detective incorrectly used the Spanish word “libre” to mean “free” or “without cost.” “Libre” correctly translates to “free,” as in available or at liberty to do something. Since such a warning creates the belief that the right to appointed counsel is contingent upon the availability of counsel, the warning affirmatively misled the defendant of his right to appointed counsel. [http://cdn.ca9.uscourts.gov/datastore/opinions/2013/07/15/12-30074.pdf United States v. Botello-Rosales], __Fed Appx__, (9th Cir Apr 2013) | ||
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Latest revision as of 13:47, July 27, 2013
Incorrect translation of Miranda rights did not reasonably convey defendant’s right to appointed counsel
A Spanish-language Miranda warning failed to reasonably convey the defendant’s right to counsel when a detective incorrectly used the Spanish word “libre” to mean “free” or “without cost.” “Libre” correctly translates to “free,” as in available or at liberty to do something. Since such a warning creates the belief that the right to appointed counsel is contingent upon the availability of counsel, the warning affirmatively misled the defendant of his right to appointed counsel. United States v. Botello-Rosales, __Fed Appx__, (9th Cir Apr 2013)
