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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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