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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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