People v. Jourdan
| Decision Date | 19 December 1968 |
| Docket Number | Docket No. 3804,No. 2,2 |
| Citation | 165 N.W.2d 890,14 Mich.App. 743 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James M. JOURDAN, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Harvey R. Dean, Wall, Dean & Cyrul, Warren, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, George N. Parris, Pros. Atty., Thaddeus F. Hamera, Chief Appellate Lawyer, Don L. Milbourn, Asst. Pros. Atty., Macomb County, Mt. Clemens, for appellee.
Before T. G. KAVANAGH, P.J., and QUINN and MILLER, * JJ.
Defendant was tried by a jury on April 12 and 13, 1967 and convicted of breaking and entering, M.C.L.A. § 750.110 (Stat.Ann.1968 Cum.Supp. § 28.305). Thereafter, he was sentenced. His appeal attacks the admission of his oral confession at trial.
This attack is based on the following facts: Defendant was questioned by the police October 5, 1965, at which time he was advised of his right to remain silent, that anything he said could and would be used against him in court, that he was entitled to an attorney and an attorney would be furnished to him if he could not afford to employ one. Defendant was not advised that interrogation would cease at his request and that he was entitled to counsel during interrogation, as required by Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Johnson v. New Jersey (1966), 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882, made Miranda applicable to trials commenced after June 13, 1966.
Although the trial court determined defendant's confession voluntary and admissible after a Walker hearing, this Court is bound by the Miranda doctrine. People v. Whisenant (1968), 11 Mich.App. 432, 161 N.W.2d 425.
Reversed and new trial ordered.
* ALLAN C. MILLER, Circuit Judge for the 23rd Judicial Circuit, appointed by the Supreme Court for the hearing month of December, 1968, pursuant to § 306 P.A.1964, No. 281.
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People v. Mathews, 339079
...434, 437, 161 N.W.2d 425 (1968). See also People v. Hopper , 21 Mich. App. 276, 279, 175 N.W.2d 889 (1970) ; People v. Jourdan , 14 Mich. App. 743, 744, 165 N.W.2d 890 (1968). While nonbinding under MCR 7.215(J)(1), this Court's opinions indicate that to comply with Miranda , the police mus......
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People v. Mathews
...appealed that ruling.2 Other opinions from the Court of Appeals followed the cursory analysis in Whisenant . See People v. Jourdan , 14 Mich. App. 743, 165 N.W.2d 890 (1968) ; People v. Hopper , 21 Mich. App. 276, 175 N.W.2d 889 (1970).3 See id. at 444, 86 S.Ct. 1602 ("Prior to any question......
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...he was not advised that interrogation would cease at his request. In support of this position defendant cites People v. Jourdan (1968), 14 Mich.App. 743, 165 N.W.2d 890. The brief opinion of this court was as 'Per Curiam. Defendant was tried by a jury on April 12 and 13, 1967 and convicted ......
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