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Tag Archives: miranda

I just came to hang out (access required)

Much to the defendant’s chagrin but in a relatively straightforward application of the law, the state Court of Appeals held recently in North Carolina v. Rico Barnes that being handcuffed on your cousin’s porch while probation agents search the home ...

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Criminal Practice – Constitutional – Right to Counsel – Right against Self-Incrimination – Miranda — Suppression – Conversation Initiation – Intelligent Waiver (access required)

State v. Quick After defendant reiterated that he wanted to talk to his lawyer, a detective told defendant that more warrants would be served on him, that an attorney would not help with the warrants, and that the warrants would be served regardless of whether the attorney was there.

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Criminal Practice – Constitutional – Right to Counsel – Forfeiture – ‘Gray Area’ Defendant – Confession – Miranda Rights (access required)

State v. Cureton Even if defendant’s IQ (82) and his past mental problems placed him in the “gray area” of defendants under Dusky v. United States, 362 U.S. 402 (1960) -- those who are competent to stand trial but may not be competent to represent themselves – neither U.S. Supreme Court precedent nor N.C. law prohibits a trial court from finding that a gray-area defendant has forfeited his right to counsel through his abusive actions toward his appointed attorneys.

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