State v. Kukert

Citations

• 965 N.W.2d 849
• 2021 ND 192

Syllabus

Whether a defendant voluntarily, knowingly, and intelligently waived his or her Miranda rights depends on the totality of the circumstances. Statements to law enforcement may be involuntary even if law enforcement has complied with the Miranda requirements. When a defendant makes an extrajudicial statement, there must be sufficient independent evidence establishing the trustworthiness of the statement.