Brown v. State

Dissenting Opinion by

Barbera, C.J.,

which McDonald, J,, joins

I respectfully dissent. The Court was presented in this case with another opportunity to apply the principles first set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and developed in the decades since that landmark decision was issued. The Majority concludes that Brown was in custody for Miranda purposes. In reaching that conclusion, the Majority relies on the following facts: Brown was taken to the hospital for treatment of multiple gunshot wounds; Detective Howard came to the hospital and advised…