Search Supreme Court Cases

OHIO V. GALLAGHER, 425 U. S. 257 (1976)

U.S. Supreme Court

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


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.

Powered by Justia US Supreme Court Center: OHIO V. GALLAGHER, 425 U. S. 257 (1976)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.