In a matter of first impression, the North Carolina Court of Appeals has held that Miranda warnings are not required where police are negotiating with a suspect who has barricaded himself and they are attempting to convince him to come ...

Tagged with: miranda

  A 13-year-old who was interrogated by his school’s principal in the presence of the school’s police officer should have been read his Miranda rights even though the police officer remained silent throughout the questioning, the North Carolina Court of Appeals has ...

Tagged with: miranda

Where there is evidence that (1) Charlotte-Mecklenburg Police Detective Aimee Kelly advised the 16-year-old defendant of his juvenile rights in spoken English, written Spanish, and written English; (2) defendant initialed each of the rights enumerated on the juvenile rights waiver ...

Tagged with: miranda

  State v. Hammonds (Lawyers Weekly No. 010-060-17, 25 pp.) (Robin Hudson, J.) (Sam Ervin IV, J., joined by Mark Martin, C.J. & Paul Newby, J., dissenting) Appealed from Union County Superior Court (Tanya Wallace, J.) N.C. S. Ct. Holding: ...

Tagged with: involuntary commitment miranda

On March 21, the state Court of Appeals granted Devrie Burris a new trial in his driving while impaired case, finding that the trial court wrongly refused to suppress incriminating statements that Burris made to the arresting officer while he ...

Tagged with: miranda

State v. Parlier (Lawyers Weekly No. 011-069-17, 14 pp.) (Phil Berger Jr., J.) Appealed from Caldwell County Superior Court (Yvonne Mims Evans, J.) N.C. App. Holding: Because (1) defendant contacted Sheriff’s Detective Shelley Hartley and voluntarily traveled to the sheriff’s ...

Tagged with: miranda

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 ...

Tagged with: miranda

State v. Crook (Lawyers Weekly No. 011-194-16, 22 pp.) (Rick Elmore, J.) Appealed from Henderson County Superior Court (Marvin Pope Jr., J.) N.C. App. Holding: Where defendant had been handcuffed and arrested before he was asked, “Do you have anything ...

Tagged with: miranda

A man involuntarily committed by a magistrate after attempting to kill himself was not “in custody” as it relates to his Miranda rights when he was interviewed at the hospital about his involvement in an armed robbery, a divided Court ...

Tagged with: involuntary commitment miranda

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.

Tagged with: miranda