Legal Opinion · Dissent

State v. Guein

Court of Appeals of Kansas

Decided January 20, 2017No. 115426Published

1DissentGardner, J.

I agree with the majority’s conclusions on the first two issues but do not agree that the post-Miranda statements should be suppressed. I would affirm.

Our scope of review is substantial competent evidence

Our scope of review on this issue is well established.

“[T]he determination that a statement was freely, voluntarily, and intelligently given will be upheld if there is substantial competent evidence to support such a conclusion. In making tire factual review, the appellate courts will not reweigh the evidence and will give deference to the factual findings of the trial court. The legal •…

2Cases cited24 opinions

  1. Colorado v. ConnellySupreme Court of the United States · 1986
  2. Oregon v. ElstadSupreme Court of the United States · 1985
  3. Illinois v. PerkinsSupreme Court of the United States · 1990
  4. United States v. WashingtonSupreme Court of the United States · 1977
  5. State v. HolmesSupreme Court of Kansas · 2004

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