History
  • No items yet
midpage
129 So. 3d 148
Miss.
2013
Read the full case

Background

  • Johnson, his fiancée Clay, and Truss were at Johnson's home when officers executed a search warrant and found cocaine; Clay was not arrested.
  • Johnson was given and signed a Miranda warning at the Leake County Jail, and then signed a written statement admitting the cocaine was his.
  • Johnson was indicted for possession of cocaine between two and ten grams and as a second drug offender, with trial held May 8, 2012.
  • Defense moved to suppress the statement as involuntary due to a promise to forego charges against Clay and for a defective Miranda warning.
  • The suppression hearing found the Miranda warning sufficient and the statement admissible; on appeal, Johnson challenges both the voluntariness of the confession and the sufficiency of the Miranda warning.
  • The Mississippi Supreme Court affirms, holding the confession voluntary and the waiver form adequate, and that the warning reasonably conveyed Johnson's rights.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the confession voluntarily made? Johnson argues coercion via promise not to charge Clay. State asserts credibility of officers and no coercion. No manifest error; confession voluntary.
Was the Miranda warning defective for omitting the right to consult counsel? Johnson claims warning lacked right-to-consult counsel language. Warning adequately conveyed right to counsel; language nonessential. Not defective; warning adequate and admissible.

Key Cases Cited

  • Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (requires informing of rights prior to custodial interrogation; exact form not required)
  • Duckworth v. Eagan, 492 U.S. 195 (U.S. 1989) (warnings need not be in exact form; must convey rights reasonably)
  • Byrom v. State, 863 So.2d 836 (Miss. 2003) (informing of right to consult with counsel; convictions affirmed)
  • Glasper v. State, 914 So.2d 708 (Miss. 2005) (trial judge credibility as fact-finder given deference in voluntariness determinations)
Read the full case

Case Details

Case Name: Johnson v. State
Court Name: Mississippi Supreme Court
Date Published: Nov 7, 2013
Citations: 129 So. 3d 148; 2013 Miss. LEXIS 582; 2013 WL 5946164; No. 2012-KA-00921-SCT
Docket Number: No. 2012-KA-00921-SCT
Court Abbreviation: Miss.
Log In
    Johnson v. State, 129 So. 3d 148