Legal Opinion

State v. Swink

Court of Appeals of Utah

Decided September 21, 2000No. 990501-CAPublishedCited by 1 opinion

1Opinion of the Court

OPINION

BENCH, Judge:

T1 Appellant Brian Swink challenges his conviction for attempted theft. He claims that his Fifth Amendment rights were violated when the trial court refused to suppress statements he made to a counselor at a secure youth facility without first being advised of the right against self-incrimination. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We affirm.

BACKGROUND

12 Swink was incarcerated at Decker Lake, a secure youth facility, on an unrelated offense and was assigned to the Genesis work program. In early January 1999, Swink and another…

2Cases cited12 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. California v. BehelerSupreme Court of the United States · 1983
  4. Enrique Ortiz Cervantes v. Bill Walker, Superintendent, Banning Road CampCourt of Appeals for the Ninth Circuit · 1979
  5. United States v. Robert James RitchieCourt of Appeals for the Tenth Circuit · 1994

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3Cited by1 opinion

  1. Albrecht v. BennettCourt of Appeals of Utah · 2002

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