State v. Ives

I respectfully dissent. I cannot join in upholding the district court’s conclusion that a mentally retarded individual with a developmental age of seven and one-half years knowingly and intelligently waived his rights to silence and to counsel, solely on the basis of the fact that he listened to a repetitive four-minute recitation of his rights by a police interrogator. Nor can I join in upholding the court’s limited inquiry into defendant’s competence to stand trial.

I dissent because, as in State v. Lockwood, the majority fails to consider the unique needs of persons with mental retardation…