Tag Archives: Miranda Warnings

Criminal Practice – Constitutional – Right to Counsel – Miranda Warnings – Videotaped Interview – Transcript Only (access required)

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’s findings of fact support its conclusion that defendant waived his Miranda rights intelligently, voluntarily and knowingly. We find no error in defendant’s conviction of first-degree murder.

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

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 the defendant was insane at that time and/or that the state has failed to prove beyond a reasonable doubt that the defendant had the required mental capacity to formulate the specific intent required for conviction of this crime."

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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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Case on Miranda warnings in schools goes to highest court (access required)

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 that the case involved an interrogation on school property. Levick said it was important to raise the issue of the school setting to help give the justices a context in which to view the case.

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

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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