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STATE v. RADCLIFFE

No. 80391-9.

194 P.3d 250 (2008)

STATE of Washington, Respondent, v. James Daniel RADCLIFFE, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 23, 2008.

Attorney(s) appearing for the Case

James C. Powers, Thurston County Prosecuting Attorney Office, Olympia, WA, for Respondent.

Peter B. Tiller, The Tiller Law Firm, Centralia, WA, for Petitioner.

Kenneth Scott Kagan, Carney Badley Spellman, Nancy Lynn Talner, Attorney at Law, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties Union.

J.M. JOHNSON, J.

¶ 1 When a police detective first questioned James Radcliffe about claims that he molested his girl friend's young daughter, Radcliffe was read his Miranda1 rights and expressly waived them, going on to deny all allegations of sexual abuse. When a second detective took over the questioning, Radcliffe said something like, "I didn't know how much trouble I'm in, and I don't know if I need a lawyer." 4 Verbatim...

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