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Tuesday, June 17, 2014

5/15/2014 State v. Hreha (A-115-11;070222)


5/15/2014
State v. Hreha (A-115-11;070222)
The record lacks sufficient credible evidence to support the trial court’s finding that defendant was not offered leniency in exchange for his confession. The matter is remanded for a new Miranda hearing to
allow a trial court to make fresh credibility and factual findings, after which the trial court may decide what weight, if any, to assign to any promises of leniency when it applies the totality-of-the- circumstances test.