Legal Opinion
State v. Kennedy
Supreme Court of South Carolina
Decided December 29, 1998No. 24870PublishedCited by 19 opinions
1Opinion of the Court
MOORE, Justice:
We granted petitioner a writ of certiorari to review the Court of Appeals’ decision in this case. State v. Kennedy, 325 S.C. 295, 479 S.E.2d 838 (Ct.App.1996). We affirm as modified.
DISCUSSION
Kennedy contends the Court of Appeals erred in affirming the trial court’s admission of his statement on the ground that the statement was taken in violation of his right to counsel. 1 We disagree.
A waiver of Miranda 2 rights is determined from the totality of the circumstances. State v. Moultrie, 273 S.C. 60, 254 S.E.2d 294 (1979). On appeal, the conclusion of the trial judge on issues of…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Davis v. United StatesSupreme Court of the United States · 1994
- North Carolina v. ButlerSupreme Court of the United States · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 2010
- State v. SaltzSupreme Court of South Carolina · 2001
- State v. AlekseySupreme Court of South Carolina · 2000
- State v. GoodwinCourt of Appeals of South Carolina · 2009
- State v. WannamakerSupreme Court of South Carolina · 2001
14 more not listed; retrieve them via the Exa API.