State v. Pennington

KAREN KING MITCHELL, Presiding Judge.

The State appeals from the circuit court’s interlocutory order suppressing oral and written statements made by Douglas Pennington during a police interview. The State argues that the circuit court applied an incorrect legal standard in requiring the State to demonstrate an express waiver of Pennington’s rights to remain silent and have counsel present during questioning. In Berghuis v. Thompkins, 560 U.S. 370, 130 S.Ct. 2250, 2261, 176 L.Ed.2d 1098 (2010), the United States Supreme Court held that express waivers are not required in order to demonstrate…