State v. Barber

The state appeals a pretrial order granting defendant’s motion to suppress statements made following a waiver of Miranda rights on the ground that defendant failed “intelligently” to waive those rights. We reverse and remand.

The following facts are not in dispute. Marion County Sheriffs Deputy Nicoloff received a report from a 14-year-old girl that she and defendant, her 19-year-old boyfriend, had engaged in sexual intercourse. Nicoloff called defendant on the telephone and asked him to come to the police station to talk. Defendant agreed to meet at the station later that day.

Defendant…