Thoughts and Opinions of Attorney Michael A. Hustead

At trial, defendant sought to suppress his confession based on the fact that he only reviewed his Miranda rights for 10 seconds.  Defendant won at trial, but the State won on appeal.  State of Missouri v. Ryan S. Smith, No. 30408 (Mo. App. S.D., July 8, 2010). 

What you need to know: 1) NEVER waive your Miranda rights; if the cops suspect you of committing a crime the only thing you should say to them is “I evoke my right to remain silent and I want an attorney”.   2) If you knowingly and voluntarily waive your Miranda rights then your confession will be used against you in Court.

Mother and State Family Support Division filed a contempt action against Father for failure to pay child support.  A hearing was held and Father was found to be in contempt and ordered to pay $50 a month or be jailed.  Father appeals claiming a violation of the 6th amendment right to counsel and wins.  The appeals court held that in civil contempt proceedings the Court must either1) predetermine an offense does not warrant jail time or 2) advise defendant of the right to counsel, and if indigent, the right to have counsel appointed.  State of Missouri, ex rel., Family Support Division-Child Support Enforcement v. Terry Eugene Lane, No. 70715 (Mo.App.W.D., June 8, 2010).