State v. Waloke, 835 N.W.2d 105

In Rapid City, on May 22–23, 2011, Waloke, with her two daughters and brother present, consumed alcohol and became involved in a verbal and physical altercation with Jeunesse in Waloke's apartment.
During the altercation Waloke swung a knife at Jeunesse; Jeunesse sustained multiple wounds and died from a chest stab wound; Waloke was bruised and had injuries herself.
Police were called; Waloke had a high blood alcohol content and was transported to the Public Safety Building, where she was held for questioning.
Waloke underwent a first interrogation at the PSB starting around 12:30 p.m. after a period of rest; Miranda rights were read and she waived them, though she later became less responsive.
A second interrogation occurred around 5:00 p.m. the same day, during which Waloke admitted to stabbing Jeunesse after alleging Jeunesse attacked her.
Waloke was charged by information and later indicted on counts including first-degree murder, second-degree murder, and manslaughter in the first degree; she moved to suppress the first interrogation and to exclude the interrogation video.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the first interrogation evidence was properly suppressed	Waloke contends the first interrogation was involuntary due to sleep and intoxication.	Waloke argues Miranda waiver was involuntary under totality of circumstances.	No error; waiver voluntary and video admissible.
Whether the court should have instructed on the lesser included offense of second degree manslaughter	Waloke asserts there is some evidence supporting the lesser offense.	Waloke argues the facts meet the elements test for second degree manslaughter.	Instruction not required; no evidence of recklessness to support second degree manslaughter.
Whether the court erred in denying burglary-instruction to clarify justifiable homicide	Waloke sought burglary to be defined as a felony to inform self-defense.	No burglary instruction; justifiable homicide instruction sufficient.	No error; burglary instruction declined consistent with Pellegrino and controlling law.

Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (miranda waiver requires voluntary, knowing, intelligent relinquishment)
State v. Cottier, 2008 S.D. 79, 755 N.W.2d 120 (S.D. 2008) (de novo review of suppression rulings; voluntariness under totality of circumstances)
State v. Tuttle, 2002 S.D. 94, 650 N.W.2d 20 (S.D. 2002) ( Miranda waiver analysis and voluntariness considerations)
State v. Stanga, 2000 S.D. 129, 617 N.W.2d 486 (S.D. 2000) (factors for evaluating waiver and interrogation circumstances)
State v. Fisher, 2011 S.D. 74, 805 N.W.2d 571 (S.D. 2011) (abuse of discretion standard for evidentiary rulings)
State v. Krebs, 2006 S.D. 43, 714 N.W.2d 91 (S.D. 2006) (evidentiary rulings and suppression standards)
State v. Black (I), 494 N.W.2d 377 (S.D. 1993) (lesser included offenses in homicide cases; elements test origins)
State v. Black (II), 506 N.W.2d 738 (S.D. 1993) (continued framework for lesser included offenses in homicide)
Pellegrino, 1998 S.D. 39, 577 N.W.2d 590 (S.D. 1998) (burglary not always included when defining 'any felony' in justifiable homicide)
State v. Hoadley, 2002 S.D. 109, 651 N.W.2d 249 (S.D. 2002) (elements test for lesser included offenses; require factual basis)
State v. Giroux, 2004 S.D. 24, 676 N.W.2d 139 (S.D. 2004) (degree of culpability in evaluating lesser included offenses)