North Carolina v. Butler (1978)
- Docket
- 78-354
- Decided
- 1978-01-01
Summary
Question: Is a defendant’s self-incriminating testimony inadmissible when there is no express waiver of Miranda rights? Conclusion: No. In a 5-3 decision, Justice Potter Stewart wrote the majority opinion reversing and remanding. The Supreme Court held that Miranda did not require adopting an inflexible per se rule. Also, 10 of 11 U.S. Courts of Appeals have held that express waiver is not necessary. It is up to the lower court to determine whether Butler impliedly waived his rights. Justice Harry A. Blackmun wrote a concurrence, stating that he assumed the court did not rely on the “intentional relinquishment of a known right” formula from earlier Supreme Court precedent. Justice William J. Brennan wrote a dissent, stating that an express waiver is required under Miranda. Justices Thurgood Marshall and John Paul Stevens joined in the dissent. Justice Lewis F. Powell did not participate.