People v. Jourdan

Michigan Court of Appeals

People v. Jourdan

165 N.W.2d 890, 14 Mich. App. 743, 1968 Mich. App. LEXIS 984

CourtMichigan Court of Appeals

DecidedDecember 19, 1968

DocketDocket 3,804

StatusPublished

Cited by12 cases

This text of 165 N.W.2d 890 (People v. Jourdan) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Jourdan, 165 N.W.2d 890, 14 Mich. App. 743, 1968 Mich. App. LEXIS 984 (Mich. Ct. App. 1968).

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Opinion

*744 Per Curiam.

Defendant was tried by a jury on April 12 and 13, 1967, and convicted of breaking and entering, MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305). Thereafter, he was sentenced. His appeal attacks the admission of his oral confession at trial.

This attack is based on the following facts: Defendant was questioned by the police October 5, 1965, at which time he was advised of his right to remain silent, that anything he said could and would be used against him in court, that he was entitled to an attorney and an attorney would be furnished to him if he could not afford to employ one. Defendant was not advised that interrogation would cease at his request and that he was entitled to counsel during interrogation, as required by Miranda v. Arizona (1966), 384 US 436 (86 S Ct 1602, 16 L Ed 2d 694). Johnson v. New Jersey (1966), 384 US 719 (86 S Ct 1772, 16 L Ed 2d 882), mad & Miranda applicable to trials commenced after June 13, 1966.

Although the trial court determined defendant’s confession voluntary and admissible after a Walker hearing, this court is bound by the Miranda doctrine. People v. Whisenant (1968), 11 Mich App 432.

Reversed and new trial ordered.

T. Gr. Kavanagh, P. J., and Quinn and Miller, JJ., concurred.

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*744 Per Curiam.

Defendant was tried by a jury on April 12 and 13, 1967, and convicted of breaking and entering, MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305). Thereafter, he was sentenced. His appeal attacks the admission of his oral confession at trial.

This attack is based on the following facts: Defendant was questioned by the police October 5, 1965, at which time he was advised of his right to remain silent, that anything he said could and would be used against him in court, that he was entitled to an attorney and an attorney would be furnished to him if he could not afford to employ one. Defendant was not advised that interrogation would cease at his request and that he was entitled to counsel during interrogation, as required by Miranda v. Arizona (1966), 384 US 436 (86 S Ct 1602, 16 L Ed 2d 694). Johnson v. New Jersey (1966), 384 US 719 (86 S Ct 1772, 16 L Ed 2d 882), mad & Miranda applicable to trials commenced after June 13, 1966.

Although the trial court determined defendant’s confession voluntary and admissible after a Walker hearing, this court is bound by the Miranda doctrine. People v. Whisenant (1968), 11 Mich App 432.

Reversed and new trial ordered.

T. Gr. Kavanagh, P. J., and Quinn and Miller, JJ., concurred.

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Bluebook (online)

165 N.W.2d 890, 14 Mich. App. 743, 1968 Mich. App. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jourdan-michctapp-1968.

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