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Miranda Warnings

May 2, 2022

Miranda violation leads to conviction reversal

A man who was surrounded at a gas station by police, questioned in an accusatory manner, and kept from using the telephone or the restroom was involved in a custodial interrogation that required Miranda warnings, the South Carolina Court of Appeals has ruled, rejecting prosecutors’ claims that the questioning was merely part of a routine […]

Apr 25, 2022

Court hears case over deputy who didn’t read Miranda rights

WASHINGTON (AP) — You have the right to remain silent. Everyone knows police aren’t supposed to question suspects without reading them their Miranda rights. But what happens when law enforcement officers don’t first read suspects their rights? The Supreme Court on Wednesday wrestled with whether a sheriff’s deputy can be sued for money damages for […]

Feb 9, 2021

Disputed Mirandizing meant silence could be used to impeach

  An arrested person’s right to remain silent would be worth very little if that silence could be treated as an admission of guilt, so the U.S. Supreme Court has said that prosecutors seeking to impeach a defendant’s testimony at trial can make reference to a defendant’s silence right up to the moment he received […]

Dec 4, 2018

Manslaughter conviction tossed over Miranda violation

  A Greenville man convicted of manslaughter has been given another day in court after the South Carolina Court of Appeals found that his confessions were obtained illegally. The court said that because Marshell Hill was in custody at the time of his first confession, but hadn’t been read his Miranda rights, the evidence should […]

Aug 11, 2014

Criminal Practice – Constitutional – Miranda Warnings – Timing – Harmless Error – Murder

State v. White (Lawyers Weekly No. 011-096-14, 6 pp.) (John Geathers, J.) (John Few, Ch. J., dissenting) Appealed from Richland County Circuit Court (Clifton Newman, J.) S.C. App. Holding: Given defendant’s argument that investigators asked questions first and gave him Miranda warnings later, the trial court should have made the findings of fact as to […]

Oct 22, 2012

Criminal Practice – Confession – No Miranda Warnings – Unexpected Remark – Indecent Exposure

State v. Chandler During his search of defendant, an officer made a remark that may have elicited the incriminating statement defendant made while being escorted to his cell; nevertheless, there was no interrogation involved, Miranda warnings were not warranted, and defendant’s voluntary statement was properly admitted into evidence.

Apr 6, 2012

Criminal Practice – Constitutional – Miranda Warnings – Right to Cease Questioning – DUI

State v. Hoyle In State v. Kennedy, 325 S.C. 295, 479 S.E.2d 838 (Ct. App. 1996), aff’d as modified, 333 S.C. 426, 510 S.E.2d 714 (1998), this court said, “A suspect in custody may not be subjected to interrogation unless he is informed that: he has the right to remain silent; anything he says can be used against him in a court of law; he has a right to the presence of an attorney; if[...]

Oct 7, 2011

Are police required to re-Mirandize for new charges? U.S. Supreme Court justices to consider issue

The justices of the U.S. Supreme Court considered last week whether a jail inmate must be Mirandized before police can question him about an unrelated charge. The case, Howes v. Fields, involves Randall Fields, who was jailed on a charge of disorderly conduct when police questioned him over unrelated allegations that he had sex with a minor. After seven hours of questioning and repeatedly sa[...]

Dec 1, 2010

Criminal Practice – Miranda Warnings – Right to Silence – Renewed Questioning

State v. Franklin. After being warned of his Miranda rights, defendant invoked his right to remain silent - not his right to counsel - and police stopped questioning him. Three and a half hours later, police informed defendant that the victim had died . . .

Nov 24, 2010

Criminal Practice – Child Pornography – Computer Chat – Miranda Warnings – ‘Custody’

U.S. v. Hargrove. (Lawyers Weekly No.  001-171-10, 25 pp.) (Agee, J.) No. 08-5223, Nov. 19, 2010; USDC at Martinsburg, W.Va. (Bailey, J. ) 4th Cir. Click here for the full text of the opinion. Holding: Although 10 to 15 agents, some armed, showed up at defendant’s home at 6 a.m. to roust him from bed […]

Nov 12, 2010

Criminal Practice – Right to Remain Silent – Miranda Warnings – Waiver – 17-Year-Old Special Education Student – Evidence – Surveillance Footage – Failure to Preserve – Grand Jury Proceedings – Prior Inconsistent Statements

State v. Moses. (Lawyers Weekly No. 011-132-10, 11 pp.) (Daniel F. Pieper, J.) Appealed from Greenville County Circuit Court. (John C. Few, J.) S.C. App. Click here for the full text of the opinion. Holding: Even though the 17-year-old special education student was kept separate from his mother during a police interview, he understood and […]

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