Smith v. Zant

887 F.2d 1407 (11th Cir. 1989).

Criminal Procedure — Miranda Rights.  The court held that the Defendant, who was determined to be mentally retarded, was entitled to more protection from police interrogation and coercion where Defendant’s court-appointed psychiatrist testified that a person functioning at the level of Defendant’s intelligence would have difficulty understanding his Miranda rights and the consequences of waiving them unless those rights and were slowly and carefully explained to him.  Since the officers did not carefully and slowly explain the Miranda rights to Defendant, the court held that Defendant did not intelligently waive those rights.

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