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eBook details

• Title: State Ex Rel. Danny H. v. John T. King
• Author : Supreme Court Of Louisiana
• Release Date : January 27, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

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Before a confession is admissible into evidence, the burden is upon the state to prove that it was given freely and voluntarily and not under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. LSA-R.S. 15:451; State v. Brogdon, 426 So.2d 158 (La. 1983); State v. Jackson, 414 So.2d 310 (La. 1982). The factual determinations of the trial court as to the voluntariness of a confession will not be overturned on appeal unless unsupported by the evidence. State v. Jackson, supra; State v. Vaccaro, 411 So.2d 415 (La. (1982). In our view, there is no evidence in the record which would establish that the defendant was not adequately informed of his constitutional rights or that the statement was given under conditions demonstrating constitutional violations. Other than his assertion that he was "sleepy," the record does not reflect that the defendant was so disoriented that his state of fatigue should vitiate the voluntariness of the statement. Moreover, the defendant was warned twice of his rights before submitting to questioning. SUPREME COURT OF LOUISIANA 1983.LA.685

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