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STATE v. LEVIN

No. 20050001.

144 P.3d 1096 (2006)

2006 UT 50

STATE of Utah, Plaintiff and Respondent, v. Ralph LEVIN, Defendant and Petitioner.

Supreme Court of Utah.

September 8, 2006.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Erin Riley, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Margart P. Lindsay, Orem, for defendant.

DURRANT, Justice:

INTRODUCTION

¶ 1 The Fifth Amendment to the United States Constitution protects against self-incrimination.1 To preserve this right, the U.S. Supreme Court has held that defendants subjected to custodial interrogation are entitled to a Miranda warning.2 Where such a warning is not given, any incriminating statements made by a defendant during the custodial interrogation...

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