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 ...

Read More »

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.

Read More »

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.

Read More »

Criminal Practice – DWI – Traffic Stop – Miranda (access required)

State v. Braswell Since traffic stops are not “custodial interrogations,” they are not subject to the mandates of Miranda. Therefore, the trial court did not err by denying defendant’s motion to suppress (1) the statements he made before being advised of his Miranda rights and (2) the results of his field sobriety tests that were performed before defendant was advised of his Miranda rights.

Read More »