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Benton, Larry Wayne
PD-0902-15
| Tex. | Sep 18, 2015
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Background

  • Appellant Larry Wayne Benton was convicted of continuous sexual abuse of a young child and sentenced to life imprisonment.
  • Benton moved to suppress statements made to police after custodial interrogations in Oregon; trial court overruled the motion.
  • Officer Sullivan read Benton Miranda-like rights under Oregon law during a first interview at Benton's home and recorded a subsequent interview at the police station.
  • Benton voluntarily spoke to the officer and was transported in a police vehicle; policy required handcuffs, which were removed upon arrival at the station.
  • A forensic interviewer later provided information about Doe's abuse, leading to Benton’s arrest and the subsequent admission of prior statements.
  • The Court of Appeals affirmed, holding the statements admissible under Article 38.22, section 8(1), because Oregon law was satisfied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether admission of Benton’s statements complied with Article 38.22, §8(1). Benton argues failure to record first rights and lack of termination warning undermines admissibility. State argues Oregon law compliance renders statements admissible under Article 38.22, §8(1). No abuse; statements admissible under Article 38.22, §8(1).

Key Cases Cited

  • Balentine v. State, 71 S.W.3d 763 (Tex. Crim. App. 2002) (standard of review for suppression rulings; defer to trial court)
  • Avila-Nava, 341 P.3d 714 (Or. 2014) (state recording requirements and Mirandawarnings under Oregon law)
  • State v. Meade, 963 P.2d 656 (Or. 1998) (totality of circumstances for determining valid waiver)
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Case Details

Case Name: Benton, Larry Wayne
Court Name: Texas Supreme Court
Date Published: Sep 18, 2015
Docket Number: PD-0902-15
Court Abbreviation: Tex.