People v. Harris

Opinion

ANDERSON, P. J.

Defendant Terry Lee Harris (appellant) stands convicted by jury of first degree murder. On appeal he challenges the admission of postarrest statements made to law enforcement officials after exercising his right to remain silent. We conclude that appellant’s first statement was inadmissible under the factual standard articulated in Michigan v. Mosley (1975) 423 U.S. 96 [46 L.Ed.2d 313, 96 S.Ct. 321], that once a suspect has asserted his Miranda 1 right to remain silent, the interrogating officer must scrupulously honor this request. Accordingly, we reverse. 2

I. Facts

In…