Monday, November 4, 2013

North Carolina v. Butler case brief

North Carolina v. Butler case brief summary
441 U.S. 369 (1979)

CASE SYNOPSIS
The North Carolina Supreme Court reversed defendant's convictions for kidnapping, armed robbery, and felonious assault, holding that no statement of a person under custodial interrogation could be admitted in evidence against him unless, at the time the statement was made, he explicitly waived the right to the presence of a lawyer. The State appealed.

CASE FACTS
Defendant was convicted of kidnapping, armed robbery, and felonious assault. In reversing the convictions, the state court found that defendant's incriminating statements had been admitted in violation of Miranda requirements because defendant had refused to waive in writing his right to have counsel present and there had not been a specific oral waiver.

DISCUSSION
  • On certiorari, the United States Supreme Court held that the state court erred in its reading of Miranda. 
  • The Court noted, pursuant to Miranda, that an accused's express statement could constitute a waiver, and that the accused's silence alone after the applicable warnings could not do so. 
  • However, the Court did not hold that an accused's express statement was indispensable to a finding of waiver. 
  • Thus, the Court held that a court could find an intelligent and understanding rejection of counsel in situations where an accused did not expressly state as much. 
  • The question of waiver had to be determined on the particular facts and circumstances surrounding the case, including the background, experience, and conduct of defendant.

CONCLUSION
The Court vacated the judgment of the state court and remanded the case to such court for further proceedings not inconsistent with the Court's opinion.



Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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