M.A.B. v. State

Because I conclude that the Miranda warning given to M.A.B. failed to inform him of his right to have an attorney present during questioning, I respectfully dissent from Judge Canady’s opinion on the adequacy of the warning in this case. My conclusion that the warning itself was inadequate makes it unnecessary for me to reach the second issue concerning the validity of M.A.B.’s waiver of his rights.

In Miranda, the Supreme Court held that prior to custodial interrogation, law enforcement officers must inform a suspect of certain rights in order to protect the suspect’s Fifth Amendment…