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

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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.


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