| No. A10-1986 |
Minn. |
2012-07-11 |
Denied
|
State v. Hohenwald
|
|
… osecutor improperly elicited testimony from a deputy that Hohenwald was given a Miranda warning. Second, Hohenwald asserts the prosecutor improperly cross-examined him about statements he made during the Rule 20 examination. “When a defenda …
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| No. A11-2135 |
Minn. Ct. App. |
2012-06-25 |
Stayed
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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 …
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| Nos. A09-0390, A10-1604 |
Minn. |
2012-05-23 |
Stayed
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State v. Beecroft
|
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… 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. A11-0472 |
Minn. |
2012-04-25 |
Affirmed
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Hughes v. State
|
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… statements were introduced at trial along with statements taken in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); (15) improper relationship evidence, hearsay, and character evidence was introduced at …
|
| No. A10-0765 |
Minn. |
2012-04-18 |
Stayed
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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 …
|
| No. A11-6 |
Minn. Ct. App. |
2012-01-30 |
Denied
|
State v. Johnson
|
|
… erred by allowing the state to present evidence of appellant’s post-arrest, pre-Miranda silence; (4) the district court erred by admitting into evidence photographs of appellant and other arrestees in handcuffs; and (5) the state failed to …
|
| No. A09-0243 |
Minn. |
2011-09-21 |
Reversed
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State v. Borg
|
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… the State’s case in chief regarding Borg’s “pre-eounseled, pre-arrest, and pre-Miranda ” silence. State v. Borg, 780 N.W.2d 8, 16 (Minn.App.2010). The State sought further review. We granted review to determine whether the district court e …
|
| No. A10-2240 |
Minn. |
2011-07-06 |
Affirmed
|
Buckingham v. State
|
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… oluntary due to the absence of counsel; (4) investigators violated Buckingham’s Miranda rights by continuing to interrogate him after he invoked his right to counsel. The postcon-viction court held that “[Buckingham]’s argument[s] relating …
|
| No. A10-507 |
Minn. |
2011-06-01 |
Denied
|
State v. Ortega
|
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… ut the stabbing or about the knife.” Appellant testified that after hearing the Miranda warning, he understood his rights to have a lawyer present and to remain silent, but felt he had to talk because he thought the agents would continue to …
|
| No. A10-453 |
Minn. |
2011-04-27 |
Denied
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State v. Vue
|
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… al interrogation during the March 16, 2006, interview, Vue argued the lack of a Miranda warning required suppression of his statements. At the suppression hearing, Folkens and Tayson testified about the circumstances surrounding the March 1 …
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| No. A09-530 |
Minn. |
2011-03-23 |
Affirmed
|
State v. Robideau
|
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… ed Robi-deau at the hospital. During the first interview, Robideau was read his Miranda rights and talked with police for about five minutes, and then ended the interview. About eight hours later, the officers again read Robideau his Mirand …
|
| No. A08-2129 |
Minn. |
2011-03-09 |
Denied
|
State v. Williams
|
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… s also moved to suppress a statement given by Williams at the jail because of a Miranda violation. The district court found no violation of Williams's Miranda rights and denied the motion. That decision is not at issue in this appeal. . The …
|
| No. A10-201 |
Minn. Ct. App. |
2011-02-15 |
Denied
|
State v. Arnold
|
|
… time because I got priors.” At the police station, Arnold heard and waived her Miranda rights, agreeing to discuss the case with Detective Sadler. She told him that she had been using methamphetamine since seventh grade, that she had lived …
|
| No. A09-1141 |
Minn. |
2010-10-14 |
Denied
|
State v. Anderson
|
|
… olice Department for questioning. Prior to the interview, Anderson was read his Miranda rights, and he agreed to talk to the officers. During the interview, Anderson admitted that he used the online service, admitted he was present when Ols …
|
| A09-1819 |
Minn. Ct. App. |
2010-09-28 |
Denied
|
State v. Austin
|
|
… d him with burglary and second-degree criminal sexual conduct. He exercised his Miranda rights and did not provide a statement. Appellant later declined a guilty-plea offer from the state and proceeded to a court trial. Appellant did not no …
|
| A09-1480 |
Minn. |
2010-09-16 |
Denied
|
State v. SONTOYA
|
|
… ne was seized and deposited as evidence in the property room. After waiving his Miranda rights, Sontoya was interviewed about 9:30 that morning and 2:30 that afternoon. He stated that during their sexual activity, he put two fingers inside …
|
| A09-1077 |
Minn. |
2010-09-16 |
Affirmed
|
State v. Thompson
|
|
… custody when he gave the statement, and argues that because he was not given a Miranda warning before he gave the statement, the statement should have been suppressed. Statements made by a suspect during a “custodial interrogation” are adm …
|
| 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 …
|
| A10-160 |
Minn. |
2010-09-09 |
Affirmed
|
Evans v. State
|
|
… nsel based on counsel’s failure to raise the following issues: (1) violation of Miranda rights because Evans was not read his rights; (2) unlawful arrest warrant; (3) violation of his Fourth Amendment rights; (4) challenges to subject matte …
|
| A09-1041 |
Minn. |
2010-08-19 |
Denied
|
State v. Zabawa
|
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… police investigators advised Zabawa that he was not under arrest and gave him a Miranda warning. Zabawa responded that he understood his rights and agreed to speak with the police investigators. Because one of the police investigators smell …
|
| A08-1036 |
Minn. |
2010-06-30 |
Denied
|
State v. Chavarria-Cruz
|
|
… inst self-incrimination. State v. Risk, 598 N.W.2d 642, 647 (Minn.1999) (citing Miranda v. Arizona, 384 U.S. 436, 469 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966)). An officer questioning a suspect must therefore inform the suspect at the outset …
|
| A09-530 |
Minn. Ct. App. |
2010-06-15 |
Denied
|
State v. Robideau
|
|
… mpeach his testimony with an involuntary statement obtained in violation of his Miranda rights and by allowing the detective to offer his opinions about witness credibility. Robideau also argues that the district court erroneously departed …
|
| A09-1262 |
Minn. Ct. App. |
2010-05-11 |
Affirmed
|
State v. Brandes
|
|
… mises and arrested him for interference with an emergency 911 call. Following a Miranda advisory, appellant admitted taking the phone away from J.B. Appellant was charged with and convicted of gross misdemeanor interference with an emergenc …
|
| Nos. A09-1384, A09-1385 |
Minn. Ct. App. |
2010-04-20 |
Denied
|
State v. Enoch
|
|
… stance the officers believed to be methamphetamine.” After being advised of her Miranda, rights and agreeing to speak with officers, Watson admitted that the purse belonged to her and that she uses methamphetamine. The next day, Officer Gel …
|
| A09-242 |
Minn. Ct. App. |
2010-04-20 |
Granted
|
State v. Super
|
|
… 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 …
|
| A09-1384, A09-1385 |
Minn. Ct. App. |
2010-04-20 |
Denied
|
State v. Knoch
|
|
… stance the officers believed to be methamphetamine." After being advised of her Miranda rights and agreeing to speak with officers, Watson admitted that the purse belonged to her and that she uses methamphetamine. The next day, Officer Gelh …
|
| A09-184 |
Minn. |
2010-03-18 |
Denied
|
State v. Matthews
|
|
… tween about 8:00 p.m. and 9:30 p.m. At a second interview, Matthews was given a Miranda warning and confronted with the discrepancies between his story and the police investigation. Eventually, Matthews admitted that when he arrived at his …
|
| A09-136 |
Minn. Ct. App. |
2010-03-09 |
Granted
|
State v. Koppi
|
|
… 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 …
|
| 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 …
|
| A08-1879 |
Minn. |
2010-02-18 |
Denied
|
State v. Tomassoni
|
|
… hief because it was taken in violation of his Fifth Amendment rights *331 under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). The State presented extensive forensic evidence at trial. The medical examiner who per …
|
| A07-2160 |
Minn. |
2010-01-21 |
Denied
|
State v. McDaniel
|
|
… ted States Supreme Court and this court have generally drawn a line between pre-Miranda warning silence and post-Miranda warning silence. Although a prosecutor cannot use a defendant’s post-MircmAx warning silence for impeachment purposes, …
|
| A06-1354 |
Minn. |
2009-12-17 |
Affirmed
|
State v. Sanders
|
|
… ompelled self-incrimination and the procedures required by the Supreme Court in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). See, e.g., State v. Robinson, 427 N.W.2d 217, 222 (Minn.1988). Defendants and police o …
|
| A08-146 |
Minn. |
2009-11-05 |
Denied
|
State v. Atkinson
|
|
… 15 (Minn.1992) (concluding that otherwise inadmissible reference to defendant’s Miranda warning was *596 admissible as foundation for admission of defendant’s statement of guilt). Thus, we hold that because the references to Atkinson’s inca …
|
| A08-1425 |
Minn. |
2009-10-22 |
—
|
State v. Fardan
|
|
… have met its burden of proving a knowing, voluntary, and intelligent waiver of Miranda rights if it shows that a Miranda warning was given and that before talking with the police the individual indicated that he understood his Miranda righ …
|
| A08-1750 |
Minn. Ct. App. |
2009-09-15 |
Denied
|
State v. Maldonado-Arreaga
|
|
… her residence, she was questioned as to her identity. Without being provided a Miranda warning, appellant informed the agents of her name, address, and birth date. She provided other information, including that (1) she is a citizen of Hond …
|
| A08-1331 |
Minn. |
2009-09-10 |
Modified
|
State v. Buckingham
|
|
… testified that, during the February 14 interview, following administration of a Miranda warning, Buckingham admitted that he was at Gabby’s on February 10. On March 6, after contacting the police from jail on several occasions wanting to ta …
|
| A08-1036 |
Minn. Ct. App. |
2009-09-08 |
Denied
|
State v. Chavarria-Cruz
|
|
… ore interviewing appellant, who was then in custody, Hanson informed him of his Miranda rights. Approximately 30 minutes into the interview, the following exchange occurred: *886 HANSON: You know where I’m coming from on [the conflicting st …
|
| 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 …
|
| A08-2130 |
Minn. Ct. App. |
2009-05-19 |
Granted
|
State v. Dressel
|
|
… 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 …
|
| A08-1666 |
Minn. |
2009-05-14 |
Affirmed
|
Wright v. State
|
|
… s mail at the jail, (9) illegal evidence introduced at trial, (10) violation of Miranda rights, (11) denial of opportunity to enter a plea bargain, (12) ineffective assistance of appellate counsel, and (13) "new evidence” warranting a new t …
|
| A08-467 |
Minn. |
2009-05-07 |
Denied
|
State v. Hall
|
|
… urs after the shooting, at 12:56 a.m. on April 30. Moriarty advised Hall of his Miranda rights, including his right to counsel. Moriarty said he wanted to hear Hall’s side of the story regarding what had happened to Moore. Hall said he firs …
|
| A08-0539 |
Minn. |
2009-03-26 |
Denied
|
State v. Hurd
|
|
… that he initially refused to answer the officers’ questions after he received a Miranda warning, but that his *29 probation officer, who was also present, told him it would be in his best interest to answer the questions. On direct examinat …
|
| A08-1081 |
Minn. Ct. App. |
2009-02-03 |
Granted
|
State v. Kail
|
|
… 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 …
|
| A07-457 |
Minn. |
2008-07-31 |
Denied
|
State v. Jones
|
|
… a defendant’s silence turned on the government’s inducement of that silence by Miranda warnings or otherwise. But it is unsettled whether a prosecutor may elicit testimony of pre-arrest silence before a defendant testifies at trial. The Su …
|
| A07-1437 |
Minn. |
2008-06-26 |
Denied
|
State v. Medrano
|
|
… interview of Medrano at the Dodge County Sheriffs Office. Trihey gave Medrano a Miranda warning and asked if Medrano was willing to speak with him. Medrano responded with the following statement: “Yes, but I have just one question. So if I …
|
| A07-512 |
Minn. |
2008-06-19 |
Reversed
|
State v. Rambahal
|
|
… he same caliber as was found on Rambahal. Rambahal and Holley both waived their Miranda rights. Rambahal told the officer that the pistol did not belong to him and that he did not know who owned the pistol. Holley told the officer that Ramb …
|
| A07-144 |
Minn. |
2008-05-22 |
Reversed
|
State v. Hughes
|
|
… courts; (2) invalid warrantless search of the Hughes home; (3) violation of his Miranda rights; (4) erroneously admitted relationship evidence regarding “controlling” behavior; (5) inflammatory firearms demonstration by Stephanie Eckerman i …
|
| A06-1394 |
Minn. Ct. App. |
2008-02-19 |
Denied
|
State v. Morales-Mulato
|
|
… Hennepin County Child Protective Services investigator. Knight gave appellant a Miranda advisory through the interpreter. After stating each right, Knight asked appellant if he understood that right. When appellant indicated that he did not …
|
| A06-498, A07-1125 |
Minn. |
2007-12-27 |
Granted
|
State v. Ferguson
|
|
… 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 …
|