State v. Levin

On Certiorari to the Utah Court of Appeals

DURRANT, Justice:

INTRODUCTION

¶ 1 The Fifth Amendment to the United States Constitution protects against self-incrimination. 1 To preserve this right, the U.S. Supreme Court has held that defendants subjected to custodial interrogation are entitled to a Miranda warning. 2 Where such a warning is not given, any incriminating statements made by a defendant during the custodial interrogation are excluded from evidence. 3 We granted certiorari in this case to clarify the standard of review to be applied by a Utah appellate court in reviewing a trial…