Singh

INTRODUCTION

Defendant Jagjit Singh was charged and convicted of first degree murder after he shot his daughter-in-law to death. During defendant’s interview with the police after the crime, one officer translated the detective’s questions into Punjabi and defendant’s answers into English. Defendant discussed the details of the shooting and events leading up to it with the police. At one point, the questioning detective asked defendant if the shooting was an “honor kill.” The defense at trial was defendant was provoked and he shot the victim in the heat of passion. On appeal, defendant asserts the court erred in admitting his statement to police because it was taken in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) because a critical component of the warning was lost in the translation process. Relatedly, he asserts the court should not have concluded he impliedly waived his Miranda rights because the warnings were legally insufficient. He also contends the court prejudicially erred in instructing the jury inaccurately regarding provocation, and his counsel was ineffective in failing to request a pinpoint instruction that explained, to negate the mental state…