Legal Opinion

State v. Westmoreland

Supreme Court of North Carolina

Decided September 5, 1985No. 356A84PublishedCited by 26 opinions

1Opinion of the Court

BRANCH, Chief Justice.

Defendant first assigns as error the admission into evidence of his custodial statement that he had given John Blakemore a .22 caliber rifle as payment for a football debt. He contends that the statement was obtained through an interrogation conducted after he had asserted his right to silence. We hold that defendant did not invoke his right to silence and that the trial court properly admitted this statement into evidence.

Once warnings have been given, questioning of a suspect must cease if he indicates in any way his desire to remain silent. Miranda v. Arizona, 384…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. State v. AhearnSupreme Court of North Carolina · 1983
  4. State v. VestalSupreme Court of North Carolina · 1971
  5. State v. DavisSupreme Court of North Carolina · 1982

8 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. People v. GarciaIllinois Supreme Court · 1995
  2. State v. SmallSupreme Court of North Carolina · 1991
  3. State v. RoseSupreme Court of North Carolina · 1988
  4. State v. KnoxCourt of Appeals of North Carolina · 1985
  5. State v. BarnesSupreme Court of North Carolina · 1993

21 more not listed; retrieve them via the Exa API.

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