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Friday, September 04, 2015

State v. Terrell L. Hubbard (A-56-13

State v. Terrell L. Hubbard (A-56-13; 073539) 
Where a trial court relies on evidence in addition to a videotaped statement, including testimony presented to it, traditional rules of appellate review control and require deference to the findings of fact and credibility assessments made by the trial court. An appellate panel must therefore review the entire record to determine if the factual findings are supported by substantial credible evidence, rather than engage in de novo review of the record. Under this deferential standard of review, the trial court properly concluded, based on its review of the entire record, that defendant was the subject of a custodial investigation and therefore should have been given Miranda warnings.