State v. Terrell L. Hubbard (A-56-13; 073539)
Where a trial court relies on evidence in addition to a videotaped
statement, including testimony presented to it, traditional rules of
appellate review control and require deference to the findings of fact
and credibility assessments made by the trial court. An appellate panel
must therefore review the entire record to determine if the factual
findings are supported by substantial credible evidence, rather than
engage in de novo review of the record. Under this deferential standard
of review, the trial court properly concluded, based on its review of
the entire record, that defendant was the subject of a custodial
investigation and therefore should have been given Miranda warnings.
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