Legal Opinion
State v. Sargent
Washington Supreme Court
Decided October 27, 1988No. 54664-9PublishedCited by 73 opinions
1Opinion of the Court
Dore, J. —
We hold that the State violated Sargent's Fifth and Sixth Amendment rights when a probation officer preparing a sentencing statement failed to give defendant Miranda warnings and assistance of counsel. The interview resulted in a confession which was admitted at Sargent's second trial to establish guilt of first degree murder and first degree arson. Sargent was convicted at that second trial on stipulated facts. We reverse.
Facts
Following Sargent's first conviction on charges of murder and arson, the trial judge ordered a presentence report pursuant to RCW 9.95.200 and former CrR…
2Cases cited22 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- United States v. WadeSupreme Court of the United States · 1967
- Rhode Island v. InnisSupreme Court of the United States · 1980
- In Re GAULTSupreme Court of the United States · 1967
- Oregon v. ElstadSupreme Court of the United States · 1985
17 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- State v. CopelandWashington Supreme Court · 1996
- State v. WaltonCourt of Appeals of Washington · 1992
- State v. PostWashington Supreme Court · 1992
- State v. WarnerWashington Supreme Court · 1995
- State v. LorenzWashington Supreme Court · 2004
68 more not listed; retrieve them via the Exa API.