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COA finds man initiated communication with detective

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The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.

In Brian Scott Hartman v. State of Indiana, No. 68A01-1106-CR-264, Brian Scott Hartman was in jail on burglary charges when a sheriff’s detective asked Hartman about his father. Hartman requested to speak with an attorney, so questioning stopped. The next day, detective Tom Pullins executed two search warrants of Hartman’s property and found the body of the father. Pullins went to the jail to read the search warrants to Hartman and ask if he had any questions. Hartman indicated he wanted to speak to detectives, was advised of his Miranda rights, and Hartman waived his rights and made an incriminating statement about his involvement in his father’s death.

Hartman tried to have the statement suppressed at his trial for murder and Class C felony assisting suicide, but the trial court denied it.

On interlocutory appeal, the COA couldn’t find an Indiana case directly on point with this issue and relied on State v. Person, 104 P3.d 976, 980-83 (Idaho Ct. App. 2004), to affirm the lower court. The facts are similar in the Person case, in which the trial court concluded that police had not re-initiated the interrogation, but had appropriately contacted Person to inform him of the charges he faced by reading an arrest warrant to Person.

As in Person, Pullins didn’t re-initiate the interrogation. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found. Hartman then told Pullins he wanted to speak with him and waived his Miranda rights before making the statement. Thus, the trial court didn’t err in denying Hartman’s motion to suppress.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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