129 So. 3d 148
Miss.2013Background
- 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)
