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Defendant Failed to Show "Substantial Impairment" Rendered his Statements Involuntary

By Shari Allison

U.S. v. Burson, 2008 WL 2698214 (7/11/08) (Published) - Once an officer credibly testifies that the defendant making a statement was sufficiently in touch with reality so that he knew his rights and the consequences of abandoning them, the defendant has the burden to show his condition rose to the level of "substantial impairment" by drugs, alcohol, and/or exhaustion, etc. In this case, despite evidence that the defendant had not slept for days and had recently used meth and cocaine heavily, had rested his head on a table during the interrogation [he was "resigned," not tired] and did not respond to some questions or responded with a moan, the videotape and the officer's testimony [including that the defendant was "very cognitive"] established the defendant's statements were voluntary, knowing and intelligent...continue to full post

Full post as published by Tenth Circuit Blog on July 15, 2008 (boomark / email).