State v. Murphy

Though I would affirm Murphy’s convictions and death sentence, I respectfully disagree with the majority’s analysis of Murphy’s first and tenth propositions of law.

I. Miranda

A. Invocation of the Right to Cut Off Questioning

I agree with the majority’s conclusion in Part 1(A) that Murphy initially waived his right to remain silent during his custodial interrogation by Detective Yiduya. But after Murphy made some exculpatory statements, he said to Detective Viduya, “I’m ready to quit talking now and I’m ready to go home, too.” The majority decides that when examined “in context” this statement…