(DOWNLOAD) "State Tennessee v. Hosie Van Smith" by Court of Criminal Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Hosie Van Smith
- Author : Court of Criminal Appeals of Texas
- Release Date : January 18, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The primary issue raised on this appeal is whether the defendants confession, obtained after proper administration of Miranda warnings, is inadmissible at trial because a prior incriminating statement was obtained in violation of the Fifth Amendment of the United States Constitution and Article I, § 9 of the Tennessee Constitution. The initial incriminating statement made by the defendant, Hosie Smith, before any Miranda warning was given to him was suppressed. A later confession was obtained after a search had revealed cocaine in Smiths possession and after the police had read Smith his Miranda rights. The admissibility of the confession was challenged on the grounds it was involuntary and tainted as the fruit of the first unwarned incriminating statement given in violation of the Federal and State Constitutions. After the trial court overruled the defendants motion to suppress his confession, Smith was convicted of possessing more than 30 grams of cocaine with the intent to deliver, sentenced to 30 years incarceration, and fined $10,000.00. The conviction was affirmed by the Court of Criminal Appeals, after that court determined that the confession was given knowingly and voluntarily, and was thus admissible at trial. We likewise conclude that the confession was knowing and voluntary on the grounds set out herein and, therefore, affirm.