FifthAmendment CriminalProcedure
(1) Could binding authority from the Ninth Circuit's published opinions in United States v. San Juan-Cruz, 314 F.3d 384 (9th Cir. 2002) and United States v. Noti, 731 F.2d 610 (9th Cir. 1984); and of the U.S. Supreme Court's opinions in Miranda v. Arizona, 384 U.S. 436 (1966) and Florida v. Powell, 559 U.S. 50 (2010), be disregarded by the Ninth Circuit in it's Unpublished Memorandum?; (2) Did the three-judge panel have the authority to overrule those binding authorities?; (3) Did the Ninth Circuit have to provide an analysis behind the reasoning for their decision in reversing the District Court?; (4) Was the dicta used in the Ninth Circuit's decison a summary of the Miranda warnings?; and (5) Is dictum sufficient enough to be the sole basis for a decision with nothing more?
Whether the Ninth Circuit panel decision conflicts with established Supreme Court and Ninth Circuit precedents on Miranda warnings, and whether the panel had authority to overrule those precedents without sufficient analysis