Vignera v. New York
In Vignera v. New York, 384 U.S. 436 (1966), in reversing the defendant's conviction, the Court said, "Vignera was not warned of any of his rights before the questioning by the detective and by the assistant district attorney. No other steps were taken to protect these rights. Thus he was not effectively apprised of his Fifth Amendment privilege or of his right to have counsel present . . . ." 384 U.S. at 494 .
At the trial the defense had attempted to question the police officer concerning whether Vignera had been informed of his right to counsel prior to interrogation.
The trial judge sustained the State's objection to the question, thus precluding the defense from showing that the proper warnings had not been given. See id. at 493.
In addition, the verbatim transcription of the questioning of the defendant did not demonstrate that warnings had been given. See id.