State v. Hernandez

Samson, District Judge.

I. INTRODUCTION

A confession may not be used in a criminal prosecution if it was obtained through police coercion rather than voluntarily made. The appellant, who was convicted of first degree murder, argues that his confession was not voluntary, because he was still under the influence of the methamphetamine he smoked the day before. Because we find no police coercion, we conclude it was voluntary.

The appellant also claims that prior to his confession, he did not voluntarily waive his right to remain silent, but instead invoked that right during his interview with law…