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Westover was interrogated the night of the arrest and the next morning by local police. Then, FBI agents continued the interrogation at the station. After two-and-a-half hours of interrogation by the FBI, Westover signed separate confessions, which had been prepared by one of the agents during the interrogation, to each of the two robberies in California. These statements were introduced at trial. The conviction was affirmed by the Court of Appeals for the Ninth Circuit.


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California v. Stewart : In the course of investigating a series of purse-snatch robberies in which one of the victims died of injuries inflicted by her assailant, Stewart was identified as the endorser of checks stolen in one of the robberies. Steward was arrested at his home. Stewart was placed in a cell, and, over the next five days, was interrogated on nine different occasions. During the ninth interrogation session, Stewart stated that he had robbed the deceased, but had not meant to hurt her.

At that time, police released the four other people arrested with Stewart because there was no evidence to connect any of them with the crime. Stewart was convicted of robbery and first-degree murder and sentenced to death. The Supreme Court of California reversed, holding that Stewart should have been advised of his right to remain silent and his right to counsel.

Argomaniz , F.

Byer v. Willard , 54 So. The privilege does not apply to other nontestimonial physical evidence.

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George v. State , So. Jackson , So. Boyle v. Buck , So. Winter , So. When one fails to assert the privilege, testimony may not be considered compelled, Carson , So. Stoutenburgh , 91 So. Sun Bank , So. Reis , F. Subsequent prosecution of the witness in another court within the U. Mitchell v. Kelly , 71 So. Sprague , F. Kendall Healthcare Group, Ltd. Sallah v. Wachovia Bank, N. Snieda , So. Donovan , So. Physicians, LLC v. Palmigiano , U.

Aridi , So. Rylander , U. Euroclassics Ltd. Solomon , So. Neither, however, does the civil defendant have an absolute right to have the action dismissed anytime a plaintiff invokes his constitutional privilege. Mediplex Mgmt. LLC v. June 29, quoting Eagle Hosp. Jardine , So. Cochran , So.

Kastigar v. United States of America

Two Parcels of Real Prop. Located in Russell County, Ala. Altina Assocs. Group LLC v. Lauer S. Kordel , U. Platinum Jet Mgmt. Baez v. Seminole County School Bd. Greenfield , So.

The Privilege Against Self-Incrimination in Civil Proceedings

Intercontinental Bank , So. All Am. Realty, Inc. Capital Partners Ltd. Aetna Cas. Capital Blu Mgmt.

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