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387 So. 2d 316

Jackson v. State

Court of Criminal Appeals of Alabama

Decided August 19, 1980

Court of Criminal Appeals of Alabama · decided 1980-08-19

Cited by 3 later decisions — most recently May 1983

3 state decisions

Key passage — most relied on by later courts

“"`Once the mandate of Miranda has been complied with at the threshold of questioning it is not necessary to repeat the warning at the beginning of each successive interview.' Gibson v. State , 347 So.2d 576 , 582 (Ala.Cr.App. 1977). Here, there is not one single circumstance which would indicate that the warning should have been repeated. Love v. State , 372 So.2d 414 (Ala.Cr.App. 1979)."”

quoted by 1 later decision, including 411 So. 2d 831 - Hall v. State

Relies on Miranda v. State of Arizona Vignera · 365 So. 2d 322 - Rogers v. State · 376 So. 2d 1112 - Ward v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-08-19

View the full empirical analysis of this case →

BOWEN, Judge.

¶1The defendant was indicted and convicted for burglary. Sentence was ten years’ imprisonment.

¶2I

¶3The record supports the trial judge’s finding that the defendant knowingly and intelligently waived his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The only argument advanced to support the contention that the confession was inadmissible was the fact that the defendant was not given the Miranda warnings immediately before he confessed. It is undisputed that the defendant was informed of his rights and voluntarily and intelligently waived them approximately one hour before he was interrogated.

¶4“Once the mandate of Miranda has been complied with at the threshold of questioning it is not necessary to repeat the warnings at the beginning of each successive interview.” Gibson v. State, 347 So.2d 576, 582 (Ala.Cr.App.1977). Here, there is not one single circumstance which would indicate that the warnings should have been repeated. Love v. State, 372 So.2d 414 (Ala.Cr.App.1979).

¶5Another statement made by the defendant was clearly volunteered and not made in response to any interrogation or coercion. Laffitte v. State, 370 So.2d 1108 (Ala.Cr.App.), cert. denied, 370 So.2d 1111 (Ala.1979).

¶6II

¶7On appeal the defendant alleges that “the failure to qualify [State’s witness] Mr. Smith as an expert coupled with a find of only five (5) points of identification over the entire pattern of the Appellant’s right forefinger rendered such testimony and evidence unreliable, inconclusive and thereby inadmissible.”

¶8We have searched the record but find no objection by defense counsel presenting this issue to the trial court. Consequently, this Court has no adverse ruling to review. Hines v. State, 365 So.2d 320, 322 (Ala.Cr.App.), cert. denied, 365 So.2d 322 (Ala.1978); Ward v. State, 376 So.2d 1112, 1116 (Ala.Cr.App.), cert. denied, 376 So.2d 1117 (Ala.1979). The judgment of the Circuit Court is affirmed.

¶9AFFIRMED.

All Judges concur.
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