Miranda waiver her even though defendant in heroin withdrawal State v. Jones

Defendant appealed from his conviction for first-degree murder, second-degree burglary, and other lesser offenses. At trial, the state presented the testimony of a co-defendant and two jailhouse informants, along with defendant's admission to theft and burglary during police questioning. Although initially attributed to a drug overdose, the medical examiner concluded that the murder victim died from blunt force injuries and that the manner of death was homicide. On appeal, defendant challenged the admission of statements he gave to police, the trial court's failure to instruct the jury on lesser included offenses, the admission of recorded telephone conversations of jail inmates and the admission of the medical examiner's testimony. Defendant further challenged the weight of the evidence supporting his burglary conviction and his sentence as excessive. The court rejected defendant's arguments and affirmed his conviction and sentence. The court noted that, although defendant was likely going through heroin withdrawal during his second interview, he was alert and responsive to detective's questions and never requested medical treatment or appeared to be in medical distress. Thus, the court concluded that defendant knowingly and voluntarily waived his Miranda rights. The court further ruled that the evidence did not clearly indicate the appropriateness of lesser-included manslaughter jury charges, such that it was not plain error for the trial court to sua sponte issue such instructions. The court also held that the jailhouse telephone calls were relevant to explain that the informants' trial testimony deviated from their plea colloquies because of efforts to dissuade their trial testimony. The court further ruled that the weight of the evidence supported defendant's conviction as the jury could reasonably infer that defendant attempted to break into the victim's vehicle when he turned his hammer on the victim. Finally, the court ruled that the aggravating factor of having left the victim to die following the attack supported the length of defendant's sentence.

source https://www.law.com/njlawjournal/almID/1576644542NJA199417T/