Minnick v. State, 1282S467
Decision Date | 07 September 1984 |
Docket Number | No. 1282S467,1282S467 |
Citation | 467 N.E.2d 754 |
Parties | William A. MINNICK, Appellant, v. STATE of Indiana, Appellee. |
Court | Indiana Supreme Court |
Woodrow S. Nasser, Terre Haute, for appellant.
Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.
Appellant was convicted of Murder by a jury. The jury found appellant had committed the aggravated acts of robbery and rape in conjunction with the murder. The court sentenced appellant to death.
The facts are: Martha Payne was killed during the late afternoon of October 26, 1981. Based on their investigation, the police went to the home of appellant at 4:45 A.M. on the twenty-seventh. The police asked appellant to accompany them to the station to answer questions. Appellant voluntarily complied. Appellant was provided the standard Miranda warnings and signed a waiver of those rights. Appellant orally indicated he did not wish the assistance of counsel. He indicated to the police he had been to the victim's home that day, but he did not admit any role in the murder. At approximately 7:00 A.M., on the twenty-seventh, the following discussion was conducted between appellant, his stepfather and mother Mr. and Mrs. Rogers, State Police Officer Hanlon, Greencastle Police Officer Cline and the Putnam County Prosecutor Delbert Brewer.
MR. HANLON SPEAKING SIMULTANEOUSLY WITH MR. CLINE.
This discussion clearly demonstrates two important facts; appellant was in custody and while in custody appellant asserted a request for the assistance of counsel. At that time the police and the prosecutor correctly stopped the interrogation. A search warrant was obtained and the body samples were taken. Appellant was then transported to the Putnam County jail. At 3:00 P.M. on the twenty-seventh, Putnam County Deputy Sheriff Hendrich went to appellant's cell and twice asked appellant if he would like to answer questions. Appellant assented and was taken to be questioned by Hendrich and State Police Officer Smith. The record demonstrates appellant did not request this interrogation, nor did he take any action to initiate the questioning. Appellant gave the police a self-incriminating statement which was introduced into evidence as State's exhibit 63 over the objection of appellant. This was reversible error.
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Minnick v. Anderson
...in the Clay Circuit Court. When that conviction was overturned by the Indiana Supreme Court due to a Miranda violation, Minnick v. State, 467 N.E.2d 754 (Ind. 1984), he was retried in the Lawrence Circuit Court in Bedford, Indiana, where he was again convicted of murder. After his second tr......
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...of custodial interrogation. See Propes v. State, 550 N.E.2d 755 (Ind.1990); Sleek v. State, 499 N.E.2d 751 (Ind.1986); Minnick v. State, 467 N.E.2d 754 (Ind.1984). The rationale of the authorities on which Sauerheber relies is that the combined effect of custody and interrogation is potenti......
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...waives the right previously invoked. Edwards v. Arizona (1981), 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378; Minnick v. State (1984), Ind., 467 N.E.2d 754, cert. denied (1985), --- U.S. ----, 105 S.Ct. 3512, 87 L.Ed.2d 642; see also Oregon v. Bradshaw (1983), 462 U.S. 1039, 103 S.Ct. 2830,......