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U.S. v. PADILLA

No. 09-10451.

633 F.3d 1177 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Archivaldo PADILLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2011.

Attorney(s) appearing for the Case

Dennis K. Burke , Randall M. Howe , and Joan G. Ruffennach , United States Attorney's Office, Phoenix, AZ, for the plaintiff-appellee.

Thomas M. Hoidal , The Law Office of Thomas M. Hoidal, P.L.C., Phoenix, AZ, for the defendant-appellant.

Before: PROCTER HUG, JR., D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

The Supreme Court has articulated a hierarchy of protections to guarantee that the Fifth Amendment right to remain silent has practical meaning in a criminal trial. The principle that a defendant has the right to remain silent "unless he chooses to speak in the unfettered exercise of his own will" is well known. Malloy v. Hogan, 378 U.S. 1, 8, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964...

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