People v. Enoch

With but one reservation, I concur in the court’s decision to affirm the defendant’s murder conviction. The question of whether the police officer’s conduct constituted the “functional equivalent” of interrogation within the meaning of Rhode Island v. Innis (1980), 446 U.S. 291, 64 L. Ed. 2d 297, 100 S. Ct. 1682, cannot be left to the fact finder, as the majority suggests. Whether the circumstances as found by the fact finder constitute interrogation is a legal question, and the majority appears to have abdicated its judicial responsibility for deciding that issue of law. But in light of the…