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Harrison v. Commonwealth

Citations

  • 423 S.E.2d 160
  • 244 Va. 576
  • 9 Va. Law Rep. 556
  • 1992 Va. LEXIS 161

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the defendant’s choice to reengage with detectives after asserting his right to silence was an implied waiver
  • holding that appellant initiated contact by asking police “what was going to happen to him”
  • holding that “the inquiry whether a waiver of Miranda rights was made knowingly and intelligently is a question of fact” based upon the totality of the circumstances that must be determined by the trial court
  • assuming without deciding that an accused's silence was \an implicit invocation of\ the accused's Miranda rights
  • Assuming Harrison’s “silence following his acknowledgement that he understood his Miranda rights was an implicit invocation of those rights,” “Harrison reopened the dialogue by inquiring ‘what was going to happen to him.’ ”
  • visible depression alone insufficient to overcome presumption of correctness of trial court’s finding of Miranda waiver

Source: CourtListener parenthetical corpus (CC0).

Judges: Carrico, Compton, Stephenson, Whiting, Lacy, Hassell, Poff

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.