No. K 1355 Precedential Processed

State v. Rhodes

Louisiana Court of Appeal, First Circuit · Filed May 14, 1984 · 449 So. 2d 1381

Cited by

State v. Rhodes 452 So. 2d 174 La. 1984

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Burkhalter 428 So. 2d 449
State v. Harper 430 So. 2d 627

Opinion text

WARD, Judge, dissenting. I dissent. I would grant the State’s application. The totality of circumstances presented in the transcript of the suppression hearing shows that the State satisfied the Tague requirement that it affirmatively show that the defendants waived their rights. State v. Burkhalter, 428 So.2d 449, 454-56 (La.1983); State v. Harper, 430 So.2d 627, 633 (La.1983). Furthermore, the time which elapsed between the giving of the Miranda warnings and the questioning at the station was insufficient to warrant a finding that the defendants did not knowingly waive their rights when they made their statements.