S.C. Court of Appeals awards new trial because of multiple Miranda violations

In State v. Navy, Navy appealed his conviction for homicide by child abuse, arguing the trial court erred in admitting three inculpatory statements. The State Court of Appeals found violations of Miranda where officers approached Navy and refused to delay the questioning until after the child's funeral. The court described these actions as a mandate to accompany the officers. Also important to the Court was the fact that Navy was transported to the Sheriff's Department in the backseat of a patrol car, rendering him unable to return home on his own. Once at the jail, Navy was not allowed to walk about the Sheriff's Department freely, and he was accompanied for smoke breaks. Hence, Navy was in custody and should have been given his Miranda warnings.

As for later written statements, the court also found improper police tactics. The police questioned Navy until he gave them inculpatory statements and then read him his Miranda rights. According to the Court, the mid-interrogation Miranda warning given to Navy was not effective in advising him of his rights or the consequences of abandoning them.

The Court granted Navy a new trial.