Legal Opinion
Malinski v. State
Indiana Supreme Court
Decided September 3, 2003No. 64S00-0004-CR-287PublishedCited by 62 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
A jury found David F. Malinski guilty of murdering Lori Kirkley, and likewise convicted him on associated counts of arson, auto theft, criminal confinement, eriminal deviate conduct, and two counts of burglary.
In this direct appeal, Malinski contends that the police violated his right to counsel under the Indiana Constitution by not informing him that a lawyer hired by relatives was present at the police station and wished to see him. We agree that the police should have told him of counsel's presence, but conclude under the totality of the cireumstances that this…
2Cases cited34 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Moran v. BurbineSupreme Court of the United States · 1986
29 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Desmond Turner v. State of IndianaIndiana Supreme Court · 2011
- Pruitt v. StateIndiana Supreme Court · 2005
- Wilkes v. StateIndiana Supreme Court · 2009
- Bond v. StateIndiana Court of Appeals · 2010
- Edwards v. StateIndiana Supreme Court · 2009
57 more not listed; retrieve them via the Exa API.