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Criminal Procedure Keyed to Miller
State v. Jami Del Swanigan
Citation:106 P.3d 39 (Kan. 2005)
Police interrogated Swanigan (defendant) about a robbery. Swanigan denied involvement, but the officers told him that if he cooperated, that would be conveyed to anyone who might pursue the case. Conversely, they told him that if he did not cooperate, he would be charged with five recent robberies. One officer also falsely told Swanigan that his fingerprints had been found at the scene and he was caught on a surveillance camera. Swanigan then confessed to the robbery, but there were discrepancies between what Swanigan said he was wearing during the robbery and the surveillance footage. When an investigator showed Swanigan a photo of the robber, Swanigan then denied it was him.
Based on his statement, Swanigan was arrested and charged with aggravated robbery. At trial, an expert witness testified that Swanigan had an estimated IQ of 76 and difficulty dealing with anxiety.
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