Did Brandenburg v. Ohio occur prior to Miranda v. Arizona?
Miranda v. Arizona Miranda v. Arizona, 384 U.S. 436 (1966) , was a landmark decision of the United States Supreme Court. In a 5–4 majority, the Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.
Lockhart v. United States (2016) Lockhart v. United States, 577 U.S. ___ (2016) , is a United States Supreme Court decision concerning the interpretation of a federal statute. 18 USC §2252(b)(2) states that a defendant convicted of possessing child pornography is subject to a mandatory 10 year minimum prison sentence if they have "a prior conviction...under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." Avondale Lockhart, convicted of possession of child pornography, had a prior conviction for sexual abuse of his 53-year-old girlfriend under New York State law. He was sentenced to 10 years in prison under §2252(b)(2). He appealed claiming that the qualifier "involving a minor or ward" applies to the whole series, making his prior conviction not trigger the sentence enhancement. In a 6-2 decision, the Supreme Court held that the phrase only modifies the final item in the series, upholding the 10 year minimum sentence imposed on Lockhart.