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449 So. 2d 1381

State v. Rhodes

Louisiana Court of Appeal

Decided May 14, 1984

Louisiana Court of Appeal · decided 1984-05-14

Cited by 1 later decisions — most recently June 1984

1 state decisions

Relies on 428 So. 2d 449 - State v. Burkhalter · 430 So. 2d 627 - State v. Harper

Good law ✅— No negative treatment on recordhow we know

Decided 1984-05-14

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WARD, Judge,

¶1dissenting.

¶2I dissent.

¶3I would grant the State’s application. The totality of circumstances presented in the transcript of the suppression hearing shows that the State satisfied the Tague requirement that it affirmatively show that the defendants waived their rights. State v. Burkhalter, 428 So.2d 449, 454-56 (La.1983); State v. Harper, 430 So.2d 627, 633 (La.1983). Furthermore, the time which elapsed between the giving of the Miranda warnings and the questioning at the station was insufficient to warrant a finding that the defendants did not knowingly waive their rights when they made their statements.

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