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Miranda warning given during police interview makes confession admissible

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A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.

The defendant, Robert Hicks, appealed his conviction of murder and 55-year sentence for the death of girlfriend Anna Jochum. He claimed the admission he made of striking and then stabbing Jochum should have been suppressed, in part, because the police engaged in a “question-first, Mirandize-later” approach to his interrogation.

Hicks pointed to Missouri V. Seibert, 542 U.S. 600 (2004) where the Supreme Court of the United States threw out statements police obtained by using an interrogation technique where they  purposefully withheld Miranda warnings until after the suspect had confessed. Then they Mirandized the defendant and got a second, similar admission of guilt.

Although Indiana courts have applied Seibert to situations in which a Miranda advisement was given after a defendant confessed, the Indiana Court of Appeals found that is not what happened to Hicks.

He agreed to accompany officers to the police station and answer their questions. When he admitted to having been in an argument with Jochum, officers read Hicks his Miranda rights. He then provided more details about the argument and his actions. In an interview the next day, before which he was again Mirandized, he talked more.

The Court of Appeals held Siebert did not apply because Hicks confessed after being read his Miranda rights. It affirmed his conviction and sentence in Robert E. Hicks v. State of Indiana, 82A01-1306-CR-256.

 
 
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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