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Tag Archives: miranda waiver

Criminal Practice – Murder – Confession — Miranda Waiver – Constitutional – Effective Assistance of Counsel (access required)

State v. Phillips Even though a capital defender learned that defendant had been arrested for murder and tried to get in to see defendant, since defendant waived his Miranda rights and talked to law enforcement officers without asking for a lawyer, law enforcement officers were not required to allow the attorney to see defendant. We find no error in defendant’s convictions of four counts of first-degree murder, first-degree kidnapping, attempted first-degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, robbery with a firearm, and arson. We also find no error in the sentence of death.

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High court considers whether age affects ‘Miranda’ rights in NC case (access required)

"You are free to leave" is a statement that seems easy enough to understand. But when those words are told to a young person at school, does the child's age make a difference under Miranda v. Arizona? That's the question the justices of the U.S. Supreme Court considered March 23 during oral arguments in J.D.B v. North Carolina. The case involves a 13-year-old special education student who was questioned by police at his Chapel Hill middle school about recent burglaries in which a digital camera and jewelry were stolen.

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