18 results for 'cat:"Evidence" AND cat:"Miranda"'.
J. Kinsley finds the trial court erroneously denied defendant's motion to suppress statements made to police after he was pulled over. The arresting officer ordered defendant out of his vehicle, made several commands, accused him of several crimes, and questioned him for more than 44 minutes, all of which would have led defendant to believe he was in custody at the time of the questioning and required the officer to read him his Miranda rights. Additionally, the trial court erroneously admitted evidence of defendant's actions in Georgia before the victim was found dead in her home. The evidence was used only to establish intent - which was never challenged by defendant - and, therefore, it was "other acts" evidence that should have been excluded. Reversed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: April 26, 2024, Case #: 2024-Ohio-1604, Categories: evidence, miranda, Murder
J. Love finds that the trial court properly granted defendant's motion to suppress evidence seized. The state does not show that the concealed gun evidence would have been discovered "inevitably or by an independent source." Further, the mere concealment of a firearm is not an offense subject to an arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: April 16, 2024, Case #: 2024-K-0169, Categories: evidence, Firearms, miranda
J. Abramson finds the trial court properly convicted defendant for cocaine trafficking and paraphernalia possession. After defendant was arrested following a traffic stop and search yielding the drugs, she made certain statements recorded by the police cruiser's cameras prior to Miranda warning. The statements were properly admitted, being the officer did not question defendant, but merely responded to her questions regarding narcotics found in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 6, 2024, Case #: CR-23-452, Categories: Drug Offender, evidence, miranda
J. Powers finds the trial court properly admitted evidence used to convict defendant of DUII. The officer “specifically informed defendant that he was not under arrest prior to administering FSTs and after defendant was given Miranda warnings.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A176268, Categories: evidence, miranda, Dui
J. Clayton finds that the lower court properly convicted defendant of killing his girlfriend and sentenced him to life without parole. Under the totality of the circumstances, the evidence shows defendant made a knowing waiver of his Miranda rights before his interrogation by police. Further, the court did not abuse its discretion in admitting a recording from the victim's phone as defendant was not prejudiced by the admission due to the strong evidence of his guilt. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: February 13, 2024, Case #: ED111130, Categories: evidence, miranda, Murder
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J. Abele finds the trial court properly granted defendant's motion to suppress statements made to police after her arrest. Although her unprompted statement, "I fucked up," may have been incriminating, it did not prevent the application of Miranda considering the officers who interviewed her proceeded to ask specific questions about the burglary for which she was eventually charged. Additionally, although there was a gap between the pre- and post-Miranda sections of the interview, the similar lines of questioning and short duration of the gap rendered the questioning a single interview and allowed the trial court to suppress it in its entirety. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: February 8, 2024, Case #: 2024-Ohio-547, Categories: Burglary, evidence, miranda
J. Brown finds that the trial court properly granted defendant's motion to suppress the statement he made to the police. In this case, defendant unambiguously expressed his desire to communicate with police through a lawyer, but the officer still took his statement without a lawyer present. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: January 17, 2024, Case #: 2023-K-0817, Categories: evidence, miranda
J. Lee finds that the district court properly entered a conviction against an illegal immigrant for attempted illegal entry into the United States. A border patrol agent witnessed the immigrant crawling on the ground near a border fence and later admitted he was a Mexican citizen without documentation. The immigrant argued that his Miranda warning was inadequate because the agent also warned him that the post-arrest interview may be his only chance to seek asylum. Sufficient evidence supported the immigrant’s confession. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 3, 2024, Case #: 21-50031, Categories: evidence, Immigration, miranda
J. McKenna finds the lower courts improperly suppressed text messages between defendant and a victim who messaged him under suggestion from detectives while investigating him for sexual assault. Miranda warnings and right to counsel were not necessary for the text messages, where defendant admits to sex with the victim, as he had not been placed under custody and the police had not begun criminal proceedings against him at that point. Vacated.
Court: Hawai'i Supreme Court, Judge: McKenna, Filed On: January 3, 2024, Case #: SCWC-22-260, Categories: evidence, miranda, Assault
J. Orme finds that the trial court properly held that defendant was not entitled to a Miranda warning because he was not in custody when police questioned him. He was bedridden in a hospital room but police repeatedly said he was not detained, charged or under arrest, and he understood that he could end the conversation. Also, his Tiedemann claim over destroyed or lost evidence failed since evidence did not exist as police did not activate their body cameras until after they shot him. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: November 16, 2023, Case #: 20210544-CA, Categories: evidence, miranda, Assault
J. Decker finds the lower court properly convicted defendant of two counts of aggravated sexual battery of a minor under the age of thirteen for committing multiple sex offenses against his stepdaughter. Defendant argues the lower court should have granted his motion to suppress statements he made to law enforcement after his arrest, citing his poor English comprehension as a violation of his Miranda rights. But the prosecutor demonstrated that in prior legal matters involving defendant, he had neither requested nor used an interpreter; and after viewing the interview video, the lower court found defendant was able to sufficiently understand and communicate in English. The instant court finds defendant's statements were knowingly and voluntarily given and the lower court’s denial is proper. Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: October 31, 2023, Case #: 0748-22-2, Categories: evidence, miranda, Sex Offender
J. Duncan finds the Appeals Court erred by affirming a trial court decision to permit evidence resulting from a police interrogation that defendant asserted police conducted in compelling circumstances without first advising her of her Miranda rights. The interrogation occurred after police officers interrupted a mandatory meeting between defendant and her probation officer in the probation officer’s office in a secured building, which defendant could not leave without her probation officer’s permission and assistance, and police told defendant to stay in the office while accusing her of new crimes. “Altogether, those circumstances were compelling.” Reversed.
Court: Oregon Supreme Court, Judge: Duncan, Filed On: October 19, 2023, Case #: S069360, Categories: evidence, miranda
J. Stone finds that defendant was properly convicted of possession of methamphetamine, attempted illegal possession of a firearm, and attempted possession of a firearm by a convicted felon. In this case, there was no evidence of a Miranda violation when defendant confessed to the crimes, and the police officer testified that the confession was spontaneous. Further, the confession was internally consistent and was not contradicted by any other evidence introduced. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: September 27, 2023, Case #: 55,261-KA, Categories: Drug Offender, evidence, miranda
J. Greenholtz finds the lower court properly convicted defendant of two counts of driving under the influence and one count of reckless driving. Defendant claims statements he made to responding officers at the scene of his one-vehicle accident with a brick mailbox were illegally obtained because he was not given a Miranda warning. The lower court determined that defendant was not in custody at the time the statements were made, so Miranda was not required. Evidence is sufficient to support his convictions and effective 11-month, 29-day sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: September 21, 2023, Case #: W2022-01560-CCA-R3-CD, Categories: evidence, miranda, Dui
J. Lewis finds that defendant's murder and assault convictions stemming from the death of his mother were not against weight of the evidence, which included testimony he was the only other person at the home at the time of the victim's death, the family had several knives of the same brand used to stab the victim, and defendant "sang" about killing his mother when he was arrested, even though he had not been told of her death. Meanwhile, the trial court properly denied defendant's motion to suppress statements made to police while in the back of a police cruiser because although he had not been read his Miranda rights, no officers spoke to him or elicited the incriminating statements, which were made spontaneously and were properly admitted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: August 4, 2023, Case #: 2023-Ohio-2700, Categories: evidence, miranda, Murder
J. Smith finds the trial court properly denied defendant's motion to suppress statements during hist trial on murder, assault and related charges. Claims about his age at the time of the interview, his low intelligence, and the fact he had not slept the night before do not indicate the statements were involuntary, while he was also properly read his Miranda rights before the interview. However, the state's failure to present evidence defendant left the scene of the crime with a gun or destroyed the gun at some point, coupled with law enforcement's failure to ever recover the weapon, renders defendant's tampering with evidence conviction unsupported by the evidence in the record; therefore, it must be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: July 18, 2023, Case #: 2023-Ohio-2591, Categories: evidence, miranda, Murder
J. Massing finds defendant's confession, made minutes after the murder, that he had just killed someone for "running his mouth" should have been suppressed. His confession was a product of custodial interrogation and the officer who handcuffed and frisked him did not read him his Miranda rights. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: June 7, 2023, Case #: 21-P-916 , Categories: evidence, miranda, Murder