Legal Question in Appeals and Writs in Alaska
Denied my miranda rights, even on appeal.
Police questioning and video taping, outside the miranda warning, then the arrest, then the conviction: trial= jury saw the video tape, and convicted of DWI, my attorney on pre-trial motions try to suppress video, no miranda warning denied by judge, but judge said you could try to appeal the case on that point, we did, were denied again. the appeal judge ingnore Dickerson case pointed out by my attorney. Reaffimed orginal conviction.
1 Answer from Attorneys
Re: Denied my miranda rights, even on appeal.
Without more facts I can't really offer much of an analysis here. However, Miranda warnings are not always required. They need only be given where a reasonable person under the same circumstances would believe that his/her freedom had been substantially curtailed. There is no need to give Miranda warnings for routine traffic stops, for example, or for investigative questioning. Whether your case required such a warning would depend heavily on the specific facts.
Besides, at this point it sounds like you have lost at trial and on appeal. Maybe a Supreme Court petition would work, but this is unlikely (then again, I'm not from your state; your Supreme Court might be more likely to take the case). You could try a habeas corpus petition, though, and this might work.
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