State v. Pennington

LISA WHITE HARDWICK, Judge.

I respectfully dissent from the majority’s conclusion that the circuit court applied the incorrect legal standard in determining whether Douglas Pennington knowingly and intelligently waived his Miranda rights. The record indicates that the circuit court initially considered whether there was an explicit waiver of rights, but it ultimately considered whether there was any evidence to establish an implicit waiver. I would affirm the suppression order because the record supports the circuit court’s determination that the State failed to meet its burden of proving that…