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Miranda Warnings

Oct 22, 2015

Criminal Practice – Constitutional – Miranda Warnings – Involuntary Commitment – Noncustodial Interrogation

State v. Hammonds (Lawyers Weekly No. 15-07-0977, 38 pp.) (Donna Stroud, J.) (Lucy Inman, J., dissenting) Appealed from Union County Superior Court (Tanya Wallace, J.) N.C. App. Holding: Even though defendant had been involuntarily committed after a suicide attempt, he was not “in custody” when the police interviewed him in the hospital, so Miranda warnings […]

Feb 21, 2013

Criminal Practice – Juvenile – Confession – Noncustodial Interrogation

In re D.A.C. The trial court’s conclusion that the juvenile was not subjected to custodial interrogation is supported by its uncontested findings of fact.

Oct 7, 2011

Criminal Practice – Constitutional – Right to Counsel – Miranda Warnings – Videotaped Interview – Transcript Only

State v. Jordan The trial court’s determination that defendant had voluntarily and intelligently waived his Miranda rights was based not only on the transcript of defendant’s police interview, but also on the videotape of the interview. Defendant failed to include the videotape in the appellate record, so we must accept the trial court’s findings of fact as binding. The trial court�[...]

May 18, 2011

Criminal Practice – Murder – Insanity Defense – Specific Intent – Jury Instructions – Confession – Miranda Warnings – Confrontation Clause – Expert Witness

State v. Hartley The state was concerned that the trial court's original jury instructions shifted the burden of proof regarding specific intent to defendant, so the court reinstructed the jury: "If you find from the evidence beyond a reasonable doubt that the defendant [committed the offense charged], it would be your duty to return a verdict of guilty ..., unless you are satisfied that [...]

Mar 24, 2011

High court considers whether age affects ‘Miranda’ rights in NC case

"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 ques[...]

Feb 10, 2011

Case on Miranda warnings in schools goes to highest court

A case out of North Carolina about to go before the U.S. Supreme Court could set a precedent on whether a juvenile's age should be considered in a Miranda custody analysis. Marsha Levick (pictured), deputy director and chief counsel of the Philadelphia-based Juvenile Justice Center, said that although the question before the court is limited to age, her organization was also interested in the fact[...]

Nov 24, 2010

Criminal Practice – Child Pornography – Computer Chat – Miranda Warnings – ‘Custody’

U.S. v. Hargrove. (Lawyers Weekly No. 10-01-1113, 25 pp.) (Agee, J.) No. 08-5223, Nov. 19, 2010; USDC at Martinsburg, W.Va. (Bailey, J.) 4th Cir. Click here for the full text of the opinion. Holding: Although 10 to 15 agents, some armed, showed up at defendant’s home at 6 a.m. to roust him from bed and […]

Nov 9, 2010

Criminal Practice – Murder – Acting in Concert – Rape & Robbery – Miranda Warnings – Jury Selection – Prosecutor’s Arguments – Death Penalty – Mitigating Factors

State v. Waring. Defendant's statement that he was "not going to snitch" was not a clear invocation of his Miranda rights; therefore, the police were not required to cease their questioning of defendant. No prejudicial error in defendant's conviction of first-degree murder or in the sentence of death.

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