finding it misleading to instruct defendant to sign rights form “if he understood it.”
How later courts described this case
- finding it misleading to instruct defendant to sign rights form “if he understood it.”
- finding inadequate a warning identical to the one in this case
- discussing Oregon v. Mathiason, 429 U.S. 492, 495 (1977)
- interrogation initiated by police at police station in investigation which had focused on defendant did constitute custody for purposes of Miranda
Written by the judges who cited it.
The opinion
Concurring Opinion
Givan, J.
I have concurred in the result in Judge Hunter’s opinion in this case. However, I do not agree with his observation that the reading and signing of the waiver of his constitutional rights by the appellant was inadequate. I believe the record in this case clearly demonstrates that the appellant was fully and adequately advised of his constitutional rights.
Arterburn, C. J., concurs.