People v. Miskell CA4/1

DISCUSSION

I. Miskell's Appeal

A. Background Facts

Before trial, Miskell moved in limine to exclude all statements made by him

during a March 6, 2012, interview with FBI Special Agent Michael Brown. At the

hearing on the motion, defense counsel conceded that Miskell had met an investigator

two days before the interview with Special Agent Brown and the investigator adequately

advised Miskell of his Miranda rights. At that time, the investigator presented Miskell

with a form that listed the four Miranda rights. Miskell initialed next to each of the four

rights as the investigator reviewed them. Miskell and the investigator then signed the

form. The court listened to an audio recording of Miskell's interview with Special Agent

Brown and read a transcript of the recording. At the start of the interview, Special Agent

3 Brown indicated he would advise Miskell of his rights. The following exchange

occurred:

"BROWN: You don't wanna - I - I know that there was issues that you're just now waiting for - some other things. We'll talk about those and maybe - right now you - you won't wanna say more, but let us get this out, so we can at least…