State v. McNeal

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 125,931 STATE OF KANSAS, Appellee, v. CORNELL A. MCNEAL, Appellant. SYLLABUS BY THE COURT 1. A criminal suspect must be advised of their constitutional rights to remain silent and to have an attorney present before being subject to a custodial interview under Miranda v. Arizona, 384 U.S. 436, 444-45, 86 S. Ct. 1062,

16 L. Ed. 2d 694

(1966). The State bears the burden to demonstrate by a preponderance of the evidence that a valid Miranda waiver occurred. 2. After Miranda warnings have been given, a suspect may knowingly, intelligently, and…