Currie v. State

I agree with the majority that Currie's interrogation by Detective Wasaluski was in violation of his Miranda rights in that the interrogation proceeded after Currie had invoked his right to counsel. Wilson v. Murray (4th Cir.1986), 806 F.2d 1232. However, I do not agree with the conclusion that such error was not harmless error.

In Sleek v. State (1986), Ind., 499 N.E.2d 751, our supreme court, citing Malott v. State (1985), Ind., 485 N.E.2d 879, said that Miranda violations are subject to harmless error analysis. The facts in this case persuade me that the Miranda violation here was harmless.

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