State v. Mitchell

SEILER, Judge.

The question presented is, where there were no Miranda warnings given to defendant after his arrest and prior to his being interrogated by the police, can statements made be used by way of impeachment over defendant’s objection that they are not voluntary, without first a hearing and affirmative determination by the trial court as to their voluntariness?

There was evidence from the state’s witnesses from which a jury could reasonably have found that defendant broke into the victim’s house and raped and robbed her. The jury convicted him of burglary, robbery, and rape, with…