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Saturday, October 30, 2010

State v. Brian M. Yohnnson (A-37-09)

State v. Brian M. Yohnnson (A-37-09)

State v. O’Neill does not apply in this case, where police did not use a “question-first, warn-later” approach and defendant said nothing relevant to the crimes being investigated before receiving proper warnings. Under the familiar totality of the circumstances test, defendant’s waiver of his rights was knowing, voluntary, and intelligent.