| A220299 |
Minn. |
2023-12-06 |
Granted
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In re Petition for Disciplinary Action Against David L. Ludescher, a Minnesota Attorney, …
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… 8. At the hearing, Ludescher again accused Nelson of a crime and read her a Miranda-esque warning on the record. 4 Ludescher also argued that J.K. had custody based on the temporary custody granted in prior CHIPS orders. On June 25, 20 …
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| A18-0778 |
Minn. Ct. App. |
2019-04-29 |
Granted
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State v. Sh aka
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… ion to deny suppression of defendant's statements to police in the absence of a Miranda warning). 2 Under the Confrontation Clause of the Sixth Amendment to the United States Constitution, a defendant in a criminal case has the right "to be …
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| A16-1734 |
Minn. Ct. App. |
2017-06-19 |
Granted
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Randall v. Paul
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… r the FDCPA, claiming that Paul failed to provide what the parties call a “mini-Miranda” warning advising them that he was a debt collector and that anything they *845 said could be used in a debt collection action. The complaint also alleg …
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| A15-1432 |
Minn. |
2016-11-30 |
Granted
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State of Minnesota v. Jose Martin Lugo, Jr.
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… has appealed a pretrial order suppressing a defendant’s statements because of a Miranda 2 violation. He urges us to adopt the standard we articulated in State v. Champion, which requires “considerable, but not unlimited, deference to a tria …
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| No. A12-0073 |
Minn. |
2013-07-24 |
Granted
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State v. Sterling
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… e he was in custody at the time the statements were made and had not received a Miranda warning; and (2) whether the evidence is insufficient to support his conviction. In his pro se brief, Sterling also makes a number of assertions that he …
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| No. A12-0463 |
Minn. |
2013-05-31 |
Granted
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State v. Zornes
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… oorhead Detective Ryan Nelson began to examine Zornes. Zornes was first given a Miranda warning. Zornes invoked his Miranda rights after receiving the warning and the questioning was halted immediately. Jaeche and Nelson then “processed” Zo …
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| No. A09-1921 |
Minn. Ct. App. |
2012-11-05 |
Granted
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State v. Borg
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… a police officer “to testify about [Borg’s] pre-counseled, pre-arrest, and pre-Miranda silence in the state’s case-in-chief.” Id. at 16. This court further held that “in light of the weakness in the state’s case,” the error was not harmles …
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| A09-242 |
Minn. Ct. App. |
2010-04-20 |
Granted
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State v. Super
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… ment was not made under oath or subject to cross-examination, Back was read her Miranda rights and told that she was, a suspect. In her statement, Back told police that she was present during the shooting, with her back facing Holliday, and …
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| A09-136 |
Minn. Ct. App. |
2010-03-09 |
Granted
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State v. Koppi
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… 2002). These determinations are similar to the questions of the propriety of a Miranda warning and of the proper basis for a search warrant, which are not jury issues. See State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001) (determination …
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| A08-2130 |
Minn. Ct. App. |
2009-05-19 |
Granted
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State v. Dressel
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… ssel argued that both statements were not voluntary and were obtained without a Miranda warning. The district court conducted an omnibus hearing at which it received testimony from Agent Wold, Detective Rettke, and Dressel. The district cou …
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| A08-1081 |
Minn. Ct. App. |
2009-02-03 |
Granted
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State v. Kail
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… em,” an interpreter was not required for the defendant to effectively waive his Miranda rights. Id. The district court found that Kail can read and write English, and the record supports the finding. Kail’s written responses congruently tra …
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| A06-498, A07-1125 |
Minn. |
2007-12-27 |
Granted
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State v. Ferguson
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… ght blue quilted jacket. Police officers interviewed Miller, advised him of his Miranda rights, and implied that he had some explaining to do. Miller indicated that Parker had driven Hudson, Green, and Ferguson away from the 5th Avenue hous …
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| A06-1378 |
Minn. Ct. App. |
2007-01-09 |
Granted
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State v. Werner
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… h Werner, they observed indicia of intoxication and, without first giving him a Miranda warning, asked if he had been drinking. Wer-ner’s affirmative response led to the administration of field sobriety, preliminary breath, and Intoxilyzer …
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| A05-1047 |
Minn. Ct. App. |
2006-07-18 |
Granted
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State v. Moon
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… h investigators again on March 10. At the outset, an investigator read Moon the Miranda warning. After a mid-morning break, Moon was placed under arrest and reminded of his Miranda *436 rights. Moon eventually admitted that he shot his brot …
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| A05-1604 |
Minn. Ct. App. |
2006-03-14 |
Granted
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State v. Myers
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… al. Neville, 459 U.S. at 564 , 103 S.Ct. at 923 . In Doyle , two men were given Miranda warnings after being arrested in connection with a marijuana sale. 426 U.S. at 612 , 96 S.Ct. at 2242 . Each man took the stand at his trial and told an …
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| A03-1166 |
Minn. Ct. App. |
2004-07-13 |
Granted
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State v. Byron
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… ndant must first show that the violation resulted in actual prejudice. State v. Miranda, 622 N.W.2d 353, 356 (Minn.App.2001). Under these facts, the defendant *324 must show that assistance of consul would have affected the outcome of the c …
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| C0-02-1500 |
Minn. Ct. App. |
2003-07-03 |
Granted
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State v. Sletten
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… ibility of the witnesses is the exclusive province of the factfinder.” State v. Miranda, 622 N.W.2d 353, 358 (Minn.App.2001) (citation omitted). 1. Fourth Amendment Analysis Pre- B.R.K. First, we must determine whether appellant exhibited a …
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| C2-02-106 |
Minn. |
2003-01-02 |
Granted
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State v. Chomnarith
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… ements he made to the police on the grounds that he. had not validly waived his Miranda rights. At trial, the state moved to introduce into evidence individual photographs of each Laotian witness, identified by name. 1 Over Chomnarith’s obj …
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| C9-98-1053 |
Minn. Ct. App. |
1999-01-26 |
Granted
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State v. Fisher
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… son, 584 N.W.2d 774, 777-78 (Minn.App.1998) (holding public safety exception to Miranda warning requirement did not apply where there was no evidence gun had been left in public place). Fisher argues that police lacked probable cause to arr …
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| C3-98-416 |
Minn. Ct. App. |
1998-10-06 |
Granted
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State v. Slette
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… der these facts.. In the context of the limited right to counsel established by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), police must either clarify an ambiguous request for counsel or vindicate the underlyin …
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| C2-96-1665 |
Minn. |
1998-07-30 |
Granted
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State v. Griller
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… message from Griller asking to speak to them. After the police read Griller his Miranda rights, Gril-ler confessed to the killing of James Keen whose dismembered body parts were buried in the Pierce Street house backyard. But Griller claime …
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| C9-96-1162 |
Minn. |
1997-07-10 |
Granted
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State v. Jones
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… At approximately 11:22 p.m., Frank returned to the squad car and read Jones his Miranda rights. Jones indicated that he understood his rights and was willing to speak with Frank. Frank did not, however, tape-record the subsequent interrogat …
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| C8-96-1024 |
Minn. Ct. App. |
1997-02-18 |
Granted
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Granite Valley Hotel Ltd. Partnership v. Jackpot Junction Bingo & Casino
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… onal rights of In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967); Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); Gideon, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963); Wong Sun v. United States …
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| C6-95-508 |
Minn. Ct. App. |
1995-08-08 |
Granted
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State v. Gilmartin
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… ct will take a blood-alcohol test is not an interrogation within the meaning of Miranda. The request to submit to a blood-alcohol test is police conduct “normally attendant to arrest and custody, * * * similar to a police request to submit …
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| CX-94-1876 |
Minn. Ct. App. |
1995-05-31 |
Granted
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Falgren v. STATE, BD. OF TEACHING
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… (describing the dilemma in which a person who has invoked his or her rights per Miranda is placed if the prosecution calls attention to the person's silence at the time of arrest). Finally, we consider the ALJ's application of offensive col …
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| C6-93-2092 |
Minn. |
1994-06-30 |
Granted
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State v. Klawitter
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… er “rul[ing] out alcohol as the cause of the impairment,” Daly gave Klawitter a Miranda warning and interrogated him. Klawitter told Daly he had drunk two cups of gin and “was taking * * * marijuana.” Daly performed the eye tests and “[ojbs …
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| C0-92-621 |
Minn. |
1993-11-05 |
Granted
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State v. Blacksten
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… his rear belt loop because his right hand was in a cast. He gave respondent no Miranda warning. Menden at first refused to answer respondent’s inquiries as to why he was being held, saying that other officers would be able to explain. Even …
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| C8-89-1019 |
Minn. Ct. App. |
1990-08-14 |
Granted
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State v. Glidden
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… See State v. McBride, 357 N.W.2d 395, 396-97 (Minn.App.1984) (defendant’s post-Miranda statement to police officer that he would talk if the charge was reduced found not to be a plea bargain negotiation). …
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| C9-89-1109 |
Minn. |
1990-06-15 |
Granted
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State v. Schaeffer
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… were true. Erickson brought Friedrich into the room. Friedrich gave defendant a Miranda warning and obtained a taped statement from defendant. Defendant admitted he had sexual intercourse with the complainant on three occasions between the …
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| C8-88-2614 |
Minn. Ct. App. |
1989-10-19 |
Granted
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Johnson v. Morris
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… s he felt a “sharp pain” when the handcuffs were applied. Appellant was given a Miranda warning, and placed into the back seat of Waldron’s squad car. Appellant claims that the handcuffs were painful, and that he asked Waldron three times t …
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| C4-88-1251 |
Minn. Ct. App. |
1989-02-14 |
Granted
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In Re the Welfare of J.L.B.
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… and received permission from J.L.B.’s mother to question him. J.L.B. waived his Miranda rights. According to J.L.B., he had spoken by telephone with R.C. after school, and they agreed to meet at their regular place in the woods between thei …
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| C0-88-954 |
Minn. |
1989-01-13 |
Granted
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State v. Aligah
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… uld not talk with defendant or represent him, the police gave defendant another Miranda warning, told him that the attorney would not represent him, and asked him if he wanted to talk without consulting with another attorney. Defendant then …
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| CX-87-2281 |
Minn. |
1988-08-05 |
Granted
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State v. Storvick
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… injury accident, Minn.Stat. § 169.09, subds. 1 and 14(a) (1986), and gave him a Miranda warning. Defendant invoked his right to silence. When defendant was getting dressed, one of the officers told defendant that they had noted the odor of …
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| C5-87-2396 |
Minn. Ct. App. |
1988-04-26 |
Granted
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Alexander v. Eilers
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… d instructed all officers to begin all criminal investigation interviews with a Miranda warning and by obtaining a signed statement from the suspect indicating that the warning had in fact been given. Werner himself conducted Alexander’s in …
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| C7-87-617 |
Minn. Ct. App. |
1987-11-24 |
Granted
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In Re the Welfare of D.R.D.
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… ed D.R.D. at his home and took him to the station. After he was informed of his Miranda rights, appellant admitted he was at the concert, was involved in a pushing match, pulled a switchblade knife out of the waistband of his pants, and swu …
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| C4-85-2319 |
Minn. |
1987-06-26 |
Granted
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State v. Mitjans
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… ndant directly in Spanish. Globa testified that before he even gave defendant a Miranda *827 warning and began asking questions, defendant said, “I know I did it, I did it, I feel bad, my conscience has to say it.” Globa then gave defendant …
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| C8-86-194 |
Minn. |
1986-12-12 |
Granted
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State v. Benedict
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… right but that it also was not right to arrest him. Later, after being given a Miranda warning and asked if he wanted to talk about the incident, he said, “What if I did some of the things they said I did, but not the others?” In his testi …
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| C5-85-742 |
Minn. Ct. App. |
1986-02-04 |
Granted
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State v. Hicks
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… appellant as the driver. Police arrested appellant. After being advised of his Miranda rights, appellant said that his car had been stolen that morning between 9:00 and 10:00 while he was in Joe’s Bar on Broadway in Minneapolis. He called …
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| C1-85-348 |
Minn. Ct. App. |
1985-10-15 |
Granted
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State v. Snyder
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… replied that she did not know. At that point, Deputy Klema read Mrs. Snyder the Miranda warning and continued to question her. He then went out to his ear to run a check on her driver’s license and to call Officer Case to the scene. Witness …
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| C8-85-38 |
Minn. Ct. App. |
1985-05-28 |
Granted
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State v. Eisenbacher
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… hen respondent refused to comply with implied consent testing, he was given his Miranda rights. Subsequent to Miranda he answered a series of short questions by police. At the initial appearance on November 13, 1984, the prosecutor orally i …
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| CO-83-1101 |
Minn. |
1985-04-12 |
Granted
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State v. Montjoy
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… the officer in his omnibus hearing testimony just said that he read defendant a Miranda warning from a card but did not repeat for the record the words of the warning. Sparing everyone the time, trouble and expense of an appeal, the prosecu …
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| C5-82-385 |
Minn. |
1984-06-29 |
Granted
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State v. Ture
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… ring custodial interrogation even before the filing of formal criminal charges. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). The sixth amendment provides that “[i]n all criminal prosecutions the accused shall en …
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| CO-82-1489 |
Minn. |
1984-06-01 |
Granted
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State v. Cromey
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… at the police station on January 6, 1982, after she was indicted and arrested. Miranda warnings were given and waivers obtained only at the two interrogation sessions on January 6. Defense counsel challenged the admissibility of the Decemb …
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| CX-83-1803 |
Minn. Ct. App. |
1984-02-22 |
Granted
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State v. Schmieg
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… ly suppressed Schmieg’s statement on Fifth Amendment grounds asserting that the Miranda warning was not required and reading the Miranda warning before the Implied Consent Advisory would unduly confuse a DWI suspect. On appeal, the state ha …
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| CO-82-1637 |
Minn. |
1983-11-04 |
Granted
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State v. Sanders
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… ine. The officer who patted defendant down put him in the squad car, gave him a Miranda warning and asked for identification. It was then that he learned that defendant was not French. In Hill v. California, 401 U.S. 797 , 91 S.Ct. 1106 , 2 …
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| 81-1331 |
Minn. |
1982-11-05 |
Granted
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State v. Jackson
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… 22 , 91 S.Ct. 643 , 28 L.Ed.2d 1 (1971), where statements taken in violation of Miranda were held admissible for impeachment. Since our decision in this case is based on our Minnesota Rules of Evidence, we need not discuss Harris . Other st …
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| 51278 |
Minn. |
1981-05-22 |
Granted
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Watts v. State
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… ioner answered, arrested him. After frisking him, handcuffing him, giving him a Miranda warning, the officers asked petitioner if he owned a gun. He denied owning but admitted possessing a gun, and stated that it was hidden in a chair in hi …
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| 51345 |
Minn. |
1980-12-05 |
Granted
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State v. Palm
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… uestioned defendant at his home shortly after the offenses without giving him a Miranda warning. We affirm. 1. There is no merit to defendant’s contention that the evidence on the issue of identification was legally insufficient. The victim …
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| 49399 |
Minn. |
1979-10-05 |
Granted
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Parker v. HENNEPIN CTY. DIST. CT., 4TH JUD. DIST.
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… band's counsel indicates that Mrs. Parker has been advised of her rights as per Miranda v. Arizona. Although the IRS has been noncommittal about a prosecution of Mr. Parker, according to his attorney, such a prosecution is likely. It is our …
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| No. 49399 |
Minn. |
1979-10-05 |
Granted
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Parker v. Hennepin County District Court, Fourth Judicial District
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… band’s counsel indicates that Mrs. Parker has been advised of her rights as per Miranda v. Arizona. Although the IRS has been noncommittal about a prosecution of Mr. Parker, according to his attorney, such a prosecution is likely. It is our …
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