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You sit on a court in 1969-- the date of the State v. Butler 19 Ohio St. 2d 55, 249 N.E.2d 818 Supreme Court of
- You sit on a court in 1969-- the date of theState v. Butler19 Ohio St. 2d 55, 249 N.E.2d 818 Supreme Court of OhioJuly 9, 1969decision.
- As of that date, there were only two cases --State v. Butler andUnited States. v. Fox (2d Cir.)- that had addressed the admissibility (under the 5th amendment) of defendant's out of court statements made without Miranda warnings.(United States. v. Foxis the Second Circuit decision quoted in theButlerdissent).
Please answer the following questions. Please be sure to give the reason for your answers in own words.
- Which courts (of either the state or federal systems) are bound by the State v. Butlerdecision? Which courts may treat Butler as merely persuasive precedent?
- Which courts are bound byUnited States v. Fox? Which courts may treatFoxas merely persuasive precedent?
- If you were in a state court in Connecticut, would that court be bound by Butler? ByFox?
- If you were in a federal district court in Connecticut, would the court be bound byButler or Fox?
Be sure to explain the reasons for your answers to (a) - (d).
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