Legal Opinion

State v. Guein

Court of Appeals of Kansas

Decided January 20, 2017No. 115426PublishedCited by 3 opinions

1Opinion of the Court

Leben, J.:

Marcus Guein, Jr., appeals Iris conviction for two drug-related offenses, claiming that statements he made to a police officer should not have been allowed at his trial because they weren’t made voluntarily. Guein made the statements while he was handcuffed and in police custody—and after he’d been read his Miranda rights.

After carefully reviewing Guein s interaction with the police officer who questioned him, we agree with Guein that the officer’s forceful admonitions to cooperate when the officer questioned him—admonitions that contained an implied threat of physical harm if Guein…

2Cases cited29 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Yarborough v. AlvaradoSupreme Court of the United States · 2004
  4. Florida v. HarrisSupreme Court of the United States · 2013
  5. Illinois v. McArthurSupreme Court of the United States · 2001

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3Cited by3 opinions

  1. State v. GueinSupreme Court of Kansas · 2019
  2. State v. GueinSupreme Court of Kansas · 2019
  3. State v. GueinSupreme Court of Kansas · 2019

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