Pretrial Decisions - Miranda Rights

The Montana Supreme Court reviews a district court's determination that a defendant was not entitled to Miranda warnings for correctness.   State v. Elison, 2000 MT 288, ¶¶ 12, 25, 34, 302 Mont. 228, 14 P.3d 456.

The Montana Supreme Court reviews a district court's determination that a defendant voluntarily, knowingly, and intelligently waived his Miranda rights to ensure its factual findings are supported by substantial credible evidence and its conclusions of law are correct.  State v. Nixon, 2013 MT 81, ¶ 45, 369 Mont. 359, 298 P.3d 408.