January 18, 2018

Colorado Supreme Court: Nothing in Record Showed Defendant Could Read English Therefore Both Miranda Advisements Deficient

The Colorado Supreme Court issued its opinion in People v. Carrion on Monday, March 16, 2015.

Suppression Order—Inadequate Oral Miranda Advisement—Findings of Fact—Insufficient Evidence Native Spanish Speaker Could Read Written Miranda Advisement in English.

During a custodial interrogation, investigators provided Carrion, a native Spanish speaker, a written Miranda advisement in English. The Supreme Court held that the trial court’s factual findings were supported by the record and were not clearly erroneous. The trial court found that Carrion had difficulty with the English language and that there was insufficient evidence before the court that Carrion could read English. Accordingly, the trial court suppressed statements Carrion made during the custodial interrogation. Because the trial court’s factual findings were supported by the record, the Court affirmed the trial court’s suppression order.

Summary and full case available here, courtesy of The Colorado Lawyer.

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