PEOPLE OF MI V FLEMING AUSTIN PAYTON

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 1, 2000 Plaintiff-Appellee, v FLEMING AUSTIN PAYTON, No. 213258 Genesee Circuit Court LC No. 97-001035-FH Defendant-Appellant. Before: Jansen, P.J., and Doctoroff and O’Connell, JJ. O’CONNELL, J. (concurring). For the reasons stated by the trial court, I concur with its determination that under “the totality of the circumstances” test, the evidence showed that the defendant voluntarily and knowingly waived his right to have an attorney present during questioning after the polygraph examination was concluded. The police were not required to obtain a second waiver of the Miranda1 warnings under the facts of this case. I concur with the balance of the majority opinion. /s/ Peter D. O’Connell 1 Miranda v Arizona, 384 US 436; 86 S Ct 1602; 16 L Ed 2d 694 (1966).

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.