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Criminal Procedure Keyed to Miller
Tevin Benjamin v. State
Citation:
116 So. 3d 115 (Miss. 2013)Facts
An officer questioned Benjamin (defendant) about a robbery and fatal shooting Benjamin was suspected to have participated in. The officer read Benajmin his Miranda rights, but Benjamin asked for his youth-court attorney. The officer informed Benjamin that he would not be going to youth court, that he was being charged with capital murder, and that he would need to spend the night in jail until he spoke with his lawyer. The officer then gave Benjamin’s mother a moment to speak with him, informing her that the only way anything would change is if Benjamin changed his mind about wanting a lawyer. Benjamin’s mother then told her son that she did not have money for a lawyer and that he should talk to the officer.
After a few minutes, the officer returned and Benjamin’s mother asked what Benjamin needed to do if he were to talk. The officer stated that Benjamin would need to request to speak with someone but that it would be best for him to stay the night in jail and wait until tomorrow to talk. The officer gave Benjamin and his mother another moment alone, after which Benjamin’s mother told him that Benjamin wanted to talk. The officer read Benjamin his Miranda rights, and Benjamin said he understood. Then, Benjamin asked if he would still need to stay the night in jail, and the officer said it depended on what he said to the police.
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6m 59s
