State v. Lucia

4 Citing cases

  1. Biddy v. Diamond

    516 F.2d 118 (5th Cir. 1975)   Cited 69 times
    Holding admissible a statement made shortly after the defendant stated that she remembered the Miranda warnings she had received twelve days earlier

    A great many courts, state and federal, have likewise held that repeated warnings are not necessary to a finding that a defendant, with full knowledge of his rights, knowingly and intelligently waived them. United States v. Anthony, 474 F.2d 770 (5th Cir. 1973); Miller v. United States, 396 F.2d 492 (8th Cir. 1968); Maguire v. United States, 396 F.2d 327 (9th Cir. 1968), cert. denied, 393 U.S. 1099, 89 S.Ct. 897, 21 L.Ed.2d 792 (1969); Gorman v. United States, 380 F.2d 158 (1st Cir. 1967); United States v. Kinsey, 352 F. Supp. 1176 (E.D.Pa. 1972); State v. Gallagher, 36 Ohio App.2d 29, 301 N.E.2d 888 (1973); Commonwealth v. Abrams, 443 Pa. 295, 278 A.2d 902 (1971); State v. Rowe, 77 Wn.2d 955, 468 P.2d 1000 (1970); State v. Blanchey, 75 Wn.2d 926, 454 P.2d 841 (1969); Brown v. State, 6 Md. App. 564, 252 A.2d 272 (1969); State v. Magee, 52 N.J. 352, 245 A.2d 339 (1968); People v. Hill, 39 Ill.2d 125, 233 N.E.2d 367 (1968); State v. Lucia, 74 Wn.2d 819, 447 P.2d 606 (1968); People v. Schenk, 24 Cal.App.3d 233, 101 Cal.Rptr. 75 (1972); People v. Brockman, 2 Cal.App.3d 1002, 83 Cal.Rptr. 70 (Ct.App. 1969). We think that a further delineation on December 27 of petitioner's rights, which she had stated that she understood from prior explanations, would have been needlessly repetitious.

  2. U.S. v. Santiago

    544 F. Supp. 2d 76 (D.P.R. 2007)   Cited 1 times
    Denying motion to suppress statements

    A great many courts, state and federal, have likewise held that repeated warnings are not necessary to a finding that a defendant, with full knowledge of his rights, knowingly and intelligently waived them. United States v. Anthony, 474 F.2d 770 (5th Cir. 1973); Miller v. United States, 396 F.2d 492 (8th Cir. 1968); Maguire v. United States, 396 F.2d 327 (9th Cir. 1968), cert. denied, 393 U.S. 1099, 89 S.Ct. 897, 21 L.Ed.2d 792 (1969); Gorman v. United States, 380 F.2d 158 (1st Cir. 1967); United States v. Kinsey, 352 F.Supp. 1176 (E.D.Pa. 1972); State v. Gallagher, 36 Ohio App.2d 29, 301 N.E.2d 888 (1973); Commonwealth v. Abrams, 443 Pa. 295, 278 A.2d 902 (1971); State v. Rowe, 77 Wash.2d 955, 468 P.2d 1000 (1970); State v. Blanchey, 75 Wash.2d 926, 454 P.2d 841 (1969); Brown v. State, 6 Md.App. 564, 252 A.2d 272 (1969); State v. Magee, 52 N.J. 352, 245 A.2d 339 (1968); People v. Hill, 39 Ill.2d 125, 233 N.E.2d 367 (1968); State v. Lucia, 74 Wash.2d 819, 447 P.2d 606 (1968); People v. Schenk, 24 Cal.App.3d 233, 101 Cal.Rptr. 75 (1972); People v. Brockman, 2 Cal.App.3d 1002, 83 Cal. Rptr. 70 (Ct.App. 1969).See Biddy v. Diamond, 516 F.2d 118, 122 (5th Cir. 1975) ( emphasis ours); see also Gorman v. U.S., 380 F.2d 158, 164 (1st Cir. 1967)

  3. State v. Rowe

    77 Wn. 2d 955 (Wash. 1970)   Cited 33 times
    In State v. Rowe, 77 Wn.2d 955, 468 P.2d 1000 (1970) the defendant, unrepresented by counsel, requested a polygraph test.

    Miranda does not require the police to make repeated recitations of a defendant's constitutional rights before the taking of each subsequent statement. State v. Blanchey, 75 Wn.2d 926, 454 P.2d 841 (1969); State v. Lucia, 74 Wn.2d 819, 447 P.2d 606 (1968). Having been informed of his rights three times and having intelligently waived them, statements taken within the next 48 hours cannot be said to have been made without knowledge of his rights.

  4. State v. Sargent

    49 Wn. App. 64 (Wash. Ct. App. 1987)   Cited 3 times

    While it is true that Bloom may have had a basis for anticipating an incriminating statement, a law enforcement officer is not required to interrupt a voluntary confession by giving the Miranda warnings. Miranda, at 478; State v. Lucia, 74 Wn.2d 819, 447 P.2d 606 (1968). Admission of Sargent's confession in the second trial did not violate his privilege against self-incrimination guaranteed by the Fifth Amendment.