Carter v. State

OPINION

This case involves the distinction between “inadvertent” pre-Miranda questioning and “deliberate” two-step questioning to avoid Miranda protections. At trial, the judge admitted appellant’s post-Miranda statements to the arresting officer even though the officer had asked three questions before reading appellant his Miranda rights. The court of appeals reversed, holding that the trial judge improperly admitted appellant’s statements because they were elicited during an illegal two-step interrogation. 1 The State contends that the court of appeals erred in substituting its assessment of…