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· 3/18/2022

In re J.C. and D.C.

Syllabus

Termination of parental rights standard of proof.

How courts have described this case

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

  • holding that officers’ description of Miranda warnings as “a formality” did not render defendant’s waiver invalid where defendant “was read his Miranda, warnings three times, and after all three readings, indicated a willingness to speak with the officers”
  • rejecting defendant’s claim that trial counsel was manifestly unreasonable by failing to obtain expert’s opinion on criminal responsibility prior to trial where counsel obtained opinion from another expert and this expert did not volunteer such opinion until after trial
  • with respect to proof of malice in murder in the first and second degree, “a defendant’s mental impairment is relevant to intent and knowledge”
  • defense counsel, faced with experts that would testify to diminished capacity claim, but not lack of responsibility, made logical, tactical decision to focus on diminished capacity
  • validity of waiver of Miranda rights determined by examining totality of circumstances
  • mental impairment evidence can negate specific intent and knowledge requirements

Source: CourtListener parenthetical corpus (CC0).

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.