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Tuesday, March 02, 2021

Court finds murderer waived Miranda State v. Reed

       Defendant appealed his conviction on first-degree murder. Victim got up to go to work one morning and his body was later found in his backyard. Victim's girlfriend testified he sold pills to people. Surveillance footage from nearby buildings showed a minivan and an individual in dark clothing. Officer spotted the minivan latter that day and conducted a motor vehicle stop. Defendant was a passenger in the van. Driver gave a statement to police saying defendant killed victim. She testified at trial she drove him to the location of the attack and he later told her he shot someone. Defendant asked for an attorney when first questioned but when he was later advised of the charges against him, waived his Miranda rights. He admitted being in the area and said he heard a gunshot and saw a figure in dark clothing. Defendant argued trial judge erred in denying jury's request to inspect the clothing he had allegedly been wearing at the time of the murder. State had admitted sealed bags into evidence and police officer described what the bags contained and photos of the items which were admitted into evidence. Court found trial judge did not abuse her discretion. Defendant's argument that his right to counsel was violated failed because he initiated further discussion and waived his Miranda rights. source https://www.law.com/njlawjournal/almID/1612814833NJA406717/