State v. Strahan

STATE of Louisiana v. Michael K. STRAHAN.

Supreme Court of Louisiana

Decided July 21, 1977.

Supreme Court of Louisiana · decided 1977-07-21

Relies on Michigan v. Mosley · State v. Law · 321 So. 2d 324 - State v. Peevy

Good law ✅— No negative treatment on recordhow we know

Decided 1977-07-21

How this case has been cited

Cited by 47 later decisions — most recently December 2018 · most notably 695 So. 2d 1326 - Powell v. Regional Transit Authority (1997), 438 So. 2d 236 - Whittington v. Sowela Technical Institute (1983)

45 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Writ granted. The reasons assigned by the trial judge for his ruling are incorrect. After claiming his legal rights, a defendant may change his mind, waive his rights, and make a voluntary statement. See State v. Peevy, La., 321 So.2d 324 (1975); State v. Law,214 Kan. 643, 522 P.2d 320; Michigan v. Mosley,423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975). Moreover, we do not interpret the affidavit, the sole basis for the ruling, as an immediate request for counsel. Hence, we reverse the ruling and remand the case to the trial court for reconsideration of the question of whether the statement was freely and voluntarily made after a waiver of Miranda rights based on all the evidence.

¶2SUMMERS, J., concurs, on the sole basis that the ruling of the trial judge is erroneous and should be reversed.