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