Johnson v. State

Decision Date25 June 1976
Docket NumberNo. 8449,8449
Citation92 Nev. 405,551 P.2d 241
PartiesJoe Edward JOHNSON, Appellant, v. The STATE of Nevada, Respondent.
CourtNevada Supreme Court
OPINION

PER CURIAM:

Convicted by jury of first and second degree murder, appellant contends the district court erred (1) by admitting a statement appellant made prior to receiving Miranda warnings, (2) by not giving an instruction limiting the statement's use to impeachment, and (3) by instructing that self-defense may not be contrived. These contentions are without merit.

Arriving at the scene of a shooting, where they observed appellant fire two shots into one of the victims, police officers asked appellant why he had shot the two victims. Appellant replied that he had shot them because they had beat up his son. Upon receiving this explanation, the officers ceased questioning appellant, arrested him, and gave him the Miranda warnings.

At trial, the State did not offer appellant's statement in its case-in-chief. However, when appellant testified that he had acted in self-defense, the State proposed to cross-examine him regarding his contrary statement. The district court permitted this without instructing the jury that the statement could be considered only for impeachment purposes.

1. Appellant argues that his statement was the product of a custodial interrogation and thus inadmissible by reason of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Due to the investigative and non-coercive nature of the questioning, it may be questioned whether the statement was the product of a custodial interrogation. See: Schnepp v. State, 84 Nev. 120, 437 P.2d 84 (1968); State v. Billings, 84 Nev. 55, 436 P.2d 212 (1968); State v. Lopez, 79 N.M. 282, 442 P.2d 594 (1968). However, we need not make this determination.

2. Even assuming a Miranda violation, appellant's statement was nonetheless admissible for impeachment purposes. Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971). Still, appellant contends the district court should have given an instruction limiting its use to impeachment. However, because appellant actually requested that such an instruction not be given, and because evidence of guilt is overwhelming, we deem any error in failing to give such a limiting instruction...

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16 cases
  • Kaczmarek v. State
    • United States
    • Nevada Supreme Court
    • 7 Junio 2004
    ...Cf. Green, 119 Nev. at ___, 80 P.3d at 95. 38. See Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971); Johnson v. State, 92 Nev. 405, 551 P.2d 241 (1976). 39. See Green, 119 Nev. at ___, 80 P.3d at 40. See Milton v. Wainwright, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1 (197......
  • Lamb v. State
    • United States
    • Nevada Supreme Court
    • 3 Marzo 2011
    ...trial testimony, provided the statements are not involuntary within the meaning of the Fifth Amendment. Id.; see Johnson v. State, 92 Nev. 405, 407, 551 P.2d 241, 242 (1976). However, the State cannot use a person's silence after receiving Miranda warnings as impeachment. Doyle v. Ohio, 426......
  • State v. Mills
    • United States
    • Oregon Court of Appeals
    • 14 Noviembre 1985
    ...919 (1973), cert. den 415 U.S. 933, 94 S.Ct. 1448, 39 L.Ed.2d 492 (1974) (no constitution cited; federal intended); Johnson v. State, 92 Nev. 405, 551 P.2d 241 (1976) (no constitution cited; federal intended); Stone v. Shea, 113 N.H. 174, 304 A.2d 647 (1973) (no constitution cited; federal ......
  • Kaczmarek v. State, 120 Nev. Adv. Op. No. 37 (NV 6/7/2004)
    • United States
    • Nevada Supreme Court
    • 7 Junio 2004
    ...of Miranda rights). 37. Cf. Green, 119 Nev. at __, 80 P.3d at 95. 38. See Harris v. New York, 401 U.S. 222 (1971); Johnson v. State, 92 Nev. 405, 551 P.2d 241 (1976). 39. See Green, 119 Nev. at ___, 80 P.3d at 40. See Milton v. Wainwright, 407 U.S. 371 (1972) (applying harmless-error analys......
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