Legal Opinion
State v. James P. Kucinski(076798)
Supreme Court of New Jersey
Decided January 30, 2017No. A-58-15PublishedCited by 7 opinions
1Opinion of the CourtJustice Solomon
We are called upon to determine whether a defendant invoked his right to remain silent after originally waiving his Miranda 1 rights. If so, we must also decide whether the State wrongly cross-examined defendant by highlighting missing details in his post-arrest statement and whether the trial court’s curative instructions were flawed and warrant reversal of defendant’s conviction.
Defendant was brought to the police station for questioning about the bludgeoning death of his brother, John. After receiving Miranda warnings, defendant refused to speak with police officers and was left alone for…
2Cases cited19 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Doyle v. OhioSupreme Court of the United States · 1976
- Michigan v. MosleySupreme Court of the United States · 1975
- United States v. HaleSupreme Court of the United States · 1975
- Anderson v. CharlesSupreme Court of the United States · 1980
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3Cited by7 opinions
- STATE OF NEW JERSEY VS. BARTHOLOMEW P. MCINERNEY(08-10-2334, MIDDLESEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017
- PROVIDENT BANK VS. RAJENDRA KANKARIYA (L-2729-18, BERGEN COUNTY AND STATEWIDE) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2019
- STATE OF NEW JERSEY VS. ANGEL CARLO (15-02-0342, ESSEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
- STATE OF NEW JERSEY VS. DYLIN D. NICKENS (16-12-3484, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2019
- STATE OF NEW JERSEY VS. FRANCISCO MONTEROTORIVO (14-07-2351, ATLANTIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
2 more not listed; retrieve them via the Exa API.