| A16-1754 |
Minn. Ct. App. |
2017-08-28 |
Stayed
|
State v. LaFountain
|
|
… . The investigator did not Mirandize LaFountain because no arrest was made. See Miranda v. Arizona, 384 U.S. 436, 444-45 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694 (1966). LaFountain testified that he had provided his new address because it was …
|
| A16-1071 |
Minn. Ct. App. |
2017-06-05 |
Stayed
|
State v. Montez
|
|
… ced 835,39'grams of marijuana and $41,315 in cash; (3) the roommate was given a Miranda warning and made a taped statement that he owned one gram of the marijuana and that the remainder belonged to- appellant, who “sells marijuana and has,- …
|
| No. A10-0731 |
Minn. |
2012-09-19 |
Stayed
|
State v. Davis
|
|
… avis that he had been arrested for an assault, Karakostas informed Davis of his Miranda rights. Davis indicated that he understood his rights and Karakostas then questioned Davis about the assault. After a few minutes, Karakostas turned his …
|
| Nos. A11-1379, A12-0081 |
Minn. Ct. App. |
2012-09-17 |
Dismissed
|
State v. Castillo-Alvarez
|
|
… tat. §§ 611.31, 611.32, subd. 2 (2010). “Findings of fact surrounding a claimed Miranda waiver are reviewed for clear error; legal conclusions based on those facts are reviewed de novo.” State v. Farrah, 735 N.W.2d 336, 341 (Minn.2007) (dis …
|
| No. A11-2135 |
Minn. Ct. App. |
2012-06-25 |
Stayed
|
State v. Robideau
|
|
… gainst challenges to the impeachment use of his statements made in violation of Miranda and to certain testimony during the trial. Id. at 397-402 . This court held that particular cruelty was not a proper aggravating factor in this case, bu …
|
| Nos. A09-0390, A10-1604 |
Minn. |
2012-05-23 |
Stayed
|
State v. Beecroft
|
|
… of counsel, and (3) the district court erred when it violated her rights under Miranda v. Arizona by admitting a statement she made to the police. In the alternative, Beecroft argues that we should reverse her conviction in the interests o …
|
| No. A10-0765 |
Minn. |
2012-04-18 |
Stayed
|
State v. Ortega
|
|
… fter Ortega was informed he was under arrest and before Agent Wold could read a Miranda warning to Ortega, Ortega stated, “[w]ell then I’m not gonna say nothin’ I just want to have an attorney present if you’re gonna question me.” Upon Orte …
|
| A09-1359 |
Minn. |
2010-09-16 |
Stayed
|
State v. Flowers
|
|
… ators placed Thompson and Flowers under arrest, gave each of them an “enhanced” Miranda warning for juveniles, and interviewed them separately for a second time. The second Flowers interview took place at approximately 8:10 p.m. During this …
|
| A09-243 |
Minn. Ct. App. |
2010-03-09 |
Stayed
|
State v. Borg
|
|
… 2d 91 (1976). Thus, a prosecutor’s reference to a defendant’s post-arrest, post-Miranda silence has been deemed a violation of due process because it commented on the defendant’s exercise of a constitutional right. Id. However, the Supreme …
|
| A08-1271 |
Minn. |
2009-08-20 |
Stayed
|
State v. Burrell
|
|
… ll’s convictions and remanded for a new trial on the grounds that (1) Burrell’s Miranda waiver was ineffective, (2) expert testimony vouching for a witness’s credibility was error, and (3) the district court erred by refusing to compel disc …
|
| A09-0556 |
Minn. Ct. App. |
2009-08-18 |
Stayed
|
State v. Lussier
|
|
… 0’s” whom he did not know and had never seen before. Respondent was not given a Miranda warning at any time. At the hospital, respondent’s clothing and undergarments were collected for evidence. At 5:00 a.m., his pubic hair was combed, pubi …
|
| A05-2515 |
Minn. |
2007-06-07 |
Dismissed
|
State v. Bailey
|
|
… 380, 385 (Minn.2004). We held that certain statements Bailey made prior to his Miranda warning were admitted in error. We also held that the district court’s findings on the reliability of using a Bunsen burner on a DNA sample were insuffi …
|
| A05-1553, A05-1604 |
Minn. |
2006-12-21 |
Dismissed
|
State v. Melde
|
|
… ding that the Due Process Clause forbids the use of a defendant’s silence after Miranda warnings for impeachment at trial). We review the constitutionality of a statute de novo. State v. Benniefield, 678 N.W.2d 42, 45 (Minn.2004). Minnesota …
|
| A05-586 |
Minn. |
2006-08-10 |
Stayed
|
State v. Scanlon
|
|
… terviewed on September 23, 2003, after he was taken into custody and received a Miranda warning. He spoke with police for a time and then requested counsel. The district court allowed officers to testify regarding the information elicited f …
|
| A04-1608 |
Minn. |
2006-01-26 |
Dismissed
|
State v. Mems
|
|
… hat his privilege against compelled self-incrimination was violated because the Miranda warning given prior to custodial interrogation was inadequate. Statements made by a suspect during custodial interrogation are generally inadmissible un …
|
| A04-278 |
Minn. |
2005-10-06 |
Dismissed
|
Spann v. State
|
|
… he state notes that a defendant may waive many constitutional rights, including Miranda rights, the right to a jury trial, and the right to counsel as long as the waivers are knowing, intelligent, and voluntary. Moreover, the state asserts …
|
| A04-2082 |
Minn. Ct. App. |
2005-09-06 |
Stayed
|
Erickson v. State
|
|
… urine sample, which tested positive for methamphetamine. Appellant was read his Miranda rights and agreed to speak with an officer. Appellant eventually admitted that he had stolen anhydrous ammonia on September 7, 2001. Appellant admitted …
|
| A03-2015, A03-2016 |
Minn. Ct. App. |
2004-08-17 |
Dismissed
|
State v. Ruoho
|
|
… s not free to leave until officers finished their investigation, and read her a Miranda warning. A search of Knutson’s purse revealed four zip-lock-style bags containing approximately one gram of methamphetamine. After Knutson was seized, o …
|
| C8-02-742, A03-1458 |
Minn. |
2004-08-05 |
Stayed
|
Bernhardt v. State
|
|
… en. . Appellant also requested postconviction relief on the basis of an alleged Miranda violation, but did not raise this issue on appeal. . This case does not raise the issue of the legality or appropriateness of certain interviewing tacti …
|
| C4-02-835 |
Minn. |
2004-03-18 |
Dismissed
|
State v. Bailey
|
|
… made by Bailey to police were erroneously admitted in evidence in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), we reverse and remand to the district court for a new trial. To provide guidance for t …
|
| C9-02-863 |
Minn. Ct. App. |
2003-05-06 |
Stayed
|
State v. Leja
|
|
… unsel-advised silence is protected to the same extent as silence that follows a Miranda warning. State v. Billups, 264 N.W.2d 137, 139 (Minn.1978); see also State v. Dunkel, 466 N.W.2d 425, 428 (Minn.App.1991) (following Billups in holding …
|
| C2-02-204 |
Minn. Ct. App. |
2002-10-15 |
Dismissed
|
State v. Smith
|
|
… 649, 654-56 , 104 S.Ct. 2626, 2630-31 , 81 L.Ed.2d 550 (1984) (holding that the Miranda warning, which is designed to protect a suspect’s right against compulsory self-incrimination, is not constitutionally mandated and contains exceptions) …
|
| C4-01-81 |
Minn. |
2002-05-09 |
Stayed
|
State v. Misquadace
|
|
… tional relinquishment or abandonment of a known right or privilege’ ” — such as Miranda rights or the right to a jury trial — we held “that defendants may relinquish their right to be sentenced under the guidelines.” 544 N.W.2d at 777 (quot …
|
| C4-01-1036 |
Minn. Ct. App. |
2002-04-30 |
Stayed
|
State v. Mellett
|
|
… product of custodial interrogation, the refusal does not need to be preceded by Miranda warnings to be admissible. See Berg, 685 N.Y.S.2d 906 , 708 N.E.2d at 982 . Farmer and Mallick , on the other hand, analyze the refusal to perform field …
|
| C5-01-980 |
Minn. Ct. App. |
2001-12-26 |
Dismissed
|
State v. Larsen
|
|
… ution” (citation omitted)). The relevant setting in Dickerson is as follows: In Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), the U.S. Supreme Court held that certain warnings had to be given to a suspect before …
|
| C2-01-385 |
Minn. Ct. App. |
2001-12-11 |
Stayed
|
In Re Contempt of Ecklund
|
|
… ent privilege is * * * fundamental to our system of constitutional rule * * *." Miranda v. Arizona, 384 U.S. *588 436, 468, 86 S.Ct. 1602, 1625 , 16 L.Ed.2d 694 (1966). The object of the Amendment was to insure that a person should not be c …
|
| C7-01-558 |
Minn. Ct. App. |
2001-10-02 |
Dismissed
|
State v. Krenz
|
|
… Krenz was arrested and taken to the law enforcement center where he was given a Miranda warning before speaking with an investigator. Krenz admitted that he smoked crack cocaine with the pipe found in the fish house, that the pipe belonged …
|
| C0-98-1636 |
Minn. Ct. App. |
1999-03-02 |
Dismissed
|
State v. Edwards
|
|
… he police that respondent asserts were involuntary and obtained in violation of Miranda. The state appeals the dismissal of the second-degree burglary charge and respondent cross-appeals the denial of. his suppression motion. Because we fin …
|
| C9-97-412 |
Minn. |
1998-05-21 |
Stayed
|
State v. Sirvio
|
|
… vió in a smoking room, where he turned on his tape recorder and read Sirvió his Miranda rights. The detective questioned Sirvió in the smoking room for about one hour. Sirvió told the detective substantially the same story that he had told …
|
| C5-96-901 |
Minn. |
1997-09-18 |
Dismissed
|
State v. Holmes
|
|
… itutionally unreasonable, and that the police failed to adequately administer a Miranda warning before receiving Holmes’ statements. The state appealed, and the court of appeals in an unpublished opinion reversed the trial court’s suppressi …
|
| C8-96-293 |
Minn. |
1997-03-20 |
Dismissed
|
State v. Camacho
|
|
… de to the police station, McFarlane turned on his tape recorder, gave Camacho a Miranda warning, and proceeded to ask him if he wanted to talk. The Miranda warning and initial questions were as follows: Q. Mr. Pocock [sic], the [Constitutio …
|
| C2-95-36 |
Minn. |
1996-03-08 |
Stayed
|
State v. Givens
|
|
… rently, we allow defendants to waive a variety of their rights, including their Miranda rights, their right to a jury trial, and their right to be present at trial. See, e.g., State v. Kilburn, 304 Minn. 217, 231 N.W.2d 61, 65 (1975) (jury …
|
| C6-94-1860 |
Minn. |
1995-07-21 |
Stayed
|
State v. Wilson
|
|
… At 3:22 p.m., immediately following these questions, Sgt. Harty read Wilson his Miranda rights. According to Sgt. Harty, Wilson stated he understood his rights and agreed to answer questions. Sgt. Harty testified at the omnibus hearing rega …
|
| C5-92-2428 |
Minn. Ct. App. |
1993-08-03 |
Stayed
|
State v. Tuttle
|
|
… nsulting an attorney, he later asked to be interviewed. After being re-read his Miranda rights, Tuttle said he understood those rights and wished to waive them. He admitted sexually abusing complainant. On December 30, 1991, a complaint was …
|
| C0-92-67 |
Minn. Ct. App. |
1992-06-09 |
Dismissed
|
State v. Voigt
|
|
… hat Voigt was subjected to custodial interrogation without being advised of his Miranda rights. It therefore suppressed Voigt’s confession and dismissed both counts of the complaint without prejudice. FACTS The facts are undisputed. At 5:18 …
|
| No. C0-90-2705 |
Minn. Ct. App. |
1992-05-19 |
Stayed
|
State v. Simon
|
|
… ressed because his statements were neither voluntary nor properly preceded by a Miranda warning. We disagree. It is well settled that a state does not violate the fifth amendment when it introduces an individual’s refusal to consent to a bl …
|
| C5-90-2182 |
Minn. |
1992-03-13 |
Reinstated
|
State v. Starfield
|
|
… driven the car out of the snow. The next day, Starfield was questioned (after a Miranda warning) and, for the first time, said that her son was driving the car when it went into the ditch. She said her son had gone for help and had left her …
|
| No. C9-90-1987 |
Minn. |
1992-02-28 |
Stayed
|
State v. LaBatte
|
|
… cene arrested defendant. On January 8 a narcotics investigator gave defendant a Miranda warning preparatory to questioning him. Before being asked any questions, defendant said that he knew the drugs were in the car and that *218 he lied ab …
|
| C2-90-891 |
Minn. |
1991-08-02 |
Dismissed
|
State v. Search
|
|
… saying “[his] dad made [him] do it.” At the station, Olson read respondent the Miranda warning but did not ask if respondent would waive his right to an attorney. When respondent was asked if he knew why he was there, he said yes, because …
|
| C0-90-2428 |
Minn. Ct. App. |
1991-06-11 |
Dismissed
|
Eckstein v. Commissioner of Public Safety
|
|
… ccident consumption of alcohol, and use of inadmissible hearsay in violation of Miranda rights. The petition did not include a description of the facts supporting each issue. The Commissioner filed a notice of motion and motion to dismiss t …
|
| C6-90-53, C7-90-224, C1-90-249 and C5-90-478 |
Minn. |
1991-06-07 |
Dismissed
|
McDonnell v. Commissioner of Public Safety
|
|
… osed to criminal penalties for refusing to undergo testing, she was entitled to Miranda warnings, advising her of the right to remain silent and to consult an attorney, at the time she was asked to submit to a test. The Commissioner of Publ …
|
| C0-90-33 |
Minn. |
1990-11-30 |
Dismissed
|
State v. Johnson
|
|
… testified at the hearing defendant began talking as soon as Nelson read him his Miranda rights in the interrogation room. The trial court found that defendant had not invoked his right to silence before he made his inculpatory statement. No …
|
| C9-89-1708 |
Minn. Ct. App. |
1990-07-06 |
Dismissed
|
Friedman v. Commissioner of Public Safety
|
|
… cle 1, section 7 of the Minnesota Constitution require that a person be given a Miranda warning prior to being asked to submit to a chemical sobriety test, in order to protect the person’s right against self-incrimination? 3. Was the trial …
|
| C9-89-1241 |
Minn. |
1990-03-23 |
Stayed
|
State v. Bergeron
|
|
… was Chad Knight, 15 years old. Both men were placed under arrest and read their Miranda rights. Defendant had a scratch on his neck. A third suspect apprehended running from the Bergeron apartment was later identified as Billy Lyman, also a …
|
| C3-89-988 |
Minn. Ct. App. |
1990-01-30 |
Stayed
|
State v. Skinner
|
|
… nibus hearing. However, there was no reason for appellant to challenge his post-Miranda silence at the omnibus hearing unless the state gave notice it would use this as a Rasmussen “statement.” It is not the obtaining of such “silence” whic …
|
| C1-88-378 |
Minn. Ct. App. |
1988-12-27 |
Stayed
|
State v. Skramstad
|
|
… you. I’m going to get your family. I know where you live.” Upon being read his Miranda rights, appellant told McArthur “I’ll see you off duty at your house.” After appellant was booked, the chief jailer took notes on a number of similar th …
|
| C1-87-2511 |
Minn. Ct. App. |
1988-08-16 |
Stayed
|
State v. Hazley
|
|
… ossum and Dan Gustafson. Fossum put Hazley in the squad car and, without giving Miranda warnings, asked him who he was and who was with him. Hazley gave his name and said he was with Audwin Duke. When a detective back at Chi-Chi’s learned t …
|
| CX-87-2281 |
Minn. Ct. App. |
1988-06-23 |
Dismissed
|
State v. Storvick
|
|
… Storvick for leaving the scene of a personal injury accident. They read him the Miranda warning, and Storvick did not acknowledge whether he understood. When the officers mentioned the odor of alcohol, Storvick said “I had something to drin …
|
| C6-87-1029 |
Minn. Ct. App. |
1987-10-27 |
Stayed
|
State v. Holden
|
|
… during Helsene’s interview with Holden. Helsene did most of the questioning. No Miranda warning was given to Holden, and she was not told she could leave the room. Both Helsene and Archibald testified Holden lost her composure and cried sev …
|
| C6-86-1232 |
Minn. |
1987-08-21 |
Stayed
|
State v. Rainer
|
|
… r. An in *495 vestigator is permitted to talk to a potential witness, without a Miranda warning, and the witness is free to refuse to talk. Tre-besch was not present by subterfuge or disguise, as was Weatherford in Weather-ford v. Bursey, w …
|