State v. Linder, 268 N.W.2d 734 (Minn. 1978). · Go Syfert
State v. Linder, 268 N.W.2d 734 (Minn. 1978). Cases Citing This Book View Copy Cite
116 citation events (32 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Minnesota v. Edin Gaspar Cruz Flores AKA Marcelino Rivera Rodriguez (minnctapp, 2024-09-30)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) State of Minnesota v. Edin Gaspar Cruz Flores AKA Marcelino Rivera Rodriguez
Minn. Ct. App. · 2024 · confidence medium
Camacho, 561 N.W.2d at 168 (citing State v. Linder, 268 N.W.2d 734, 735 (Minn. 1978)).
discussed Cited as authority (rule) State of Minnesota v. Vincent Walker
Minn. Ct. App. · 2016 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn. 1978). 11 Walker argues that he invoked his right to remain silent when he told police, “No, I don’t have any recollection of an assault.” The district court found that Walker was given a Miranda warning, said he understood his rights, and then gave a voluntary statement.
cited Cited as authority (rule) State of Minnesota v. Thomas James Fox
Minn. · 2015 · confidence medium
State v. Camacho, 561 N.W.2d 160, 168 (Minn.1997) (citing State v. Linder, 268 N.W.2d 734, 735 (Minn.1978)).
cited Cited as authority (rule) State v. Morales-Mulato
Minn. Ct. App. · 2008 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Farnsworth (2×)
Minn. · 2007 · confidence medium
Relevant factors include the defendant's age, maturity, intelligence, education, and experience; "the ability of the defendant to comprehend; the lack of or adequacy of warnings; the length and legality of the detention; the nature of the interrogation; whether the defendant was deprived of any physical needs; and whether the defendant was denied access to friends." State v. Jungbauer, 348 N.W.2d 344, 346 (Minn.1984) (citing State v. Linder, 268 N.W.2d 734, 735 (Minn. 1978)). "[T]he question in each case is whether the defendant's will was overborne at the time he confessed." Lynumn v. Illinoi…
discussed Cited as authority (rule) State v. Clark (2×)
Minn. · 2007 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Ganpat
Minn. · 2007 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Berkovitz
Minn. · 2005 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Bailey (2×)
Minn. · 2004 · confidence medium
Jungbauer, 348 N.W.2d at 346 (citing State v. Linder, 268 N.W.2d 734, 735-36 (Minn.1978)).
cited Cited as authority (rule) State v. Ray
Minn. · 2003 · confidence medium
State v. Hannon, 636 N.W.2d 796, 806 (Minn.2001) (citing State v. Linder, 268 N.W.2d 734, 735 (Minn.1978)).
cited Cited as authority (rule) State v. Hannon
Minn. · 2001 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978) (quoting Miranda, 384 U.S. at 475 , 86 S.Ct. 1602 ).
examined Cited as authority (rule) State v. Ritt (3×) also: Cited "see"
Minn. · 1999 · confidence medium
Jungbauer, 348 N.W.2d at 346 (citing State v. Linder, 268 N.W.2d 734, 735-36 (Minn.1978)).
cited Cited as authority (rule) State v. Hendrickson
Minn. Ct. App. · 1998 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Miller (2×)
Minn. · 1998 · confidence medium
Waiver of Miranda rights must be knowing, intelligent, and voluntary. 2 State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Jones
Minn. · 1997 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Dominguez-Ramirez
Minn. · 1997 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Camacho
Minn. · 1997 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Wilson
Minn. · 1995 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
examined Cited as authority (rule) State v. Williams (4×)
Minn. · 1995 · confidence medium
Id,.; State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Ouk
Minn. · 1994 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Slowinski
Minn. · 1990 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Conklin (2×)
Minn. · 1989 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Buchanan
Minn. · 1988 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) Wold v. State
Minn. · 1988 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978); State v. Kulseth, 333 N.W.2d 635, 637 (Minn.1983).
discussed Cited as authority (rule) State v. Robinson (2×) also: Cited "see, e.g."
Minn. · 1988 · confidence medium
See Haynes v. Washington, 373 U.S. 503, 512-13 , 83 S.Ct. 1336, 1342-43 , 10 L.Ed.2d 513 (1963); State v. Campbell, 367 N.W.2d 454, 458 (Minn.1985); State v. Kivimaki, 345 N.W.2d 759, 762 (Minn.1984); State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Shamp (2×)
Minn. Ct. App. · 1988 · confidence medium
State v. Linder, 268 N.W.2d 734, 735-36 (Minn.1978) (per curiam).
cited Cited as authority (rule) State v. Martinson
Minn. Ct. App. · 1988 · confidence medium
Id. (citing State v. Linder, 268 N.W.2d 734, 735-36 (Minn.1978)).
cited Cited as authority (rule) State v. Harris
Minn. Ct. App. · 1987 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Butzin (2×) also: Cited "see"
Minn. Ct. App. · 1987 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Anderson
Minn. Ct. App. · 1987 · confidence medium
Colorado v. Connelly, — U.S. -, 107 S.Ct. 515, 523 , 93 L.Ed.2d 473 (1986); see Haynes v. Washington, 373 U.S. 503, 513 , 83 S.Ct. 1336, 1342 , 10 L.Ed.2d 513 (1963); State v. Linder, 268 N.W.2d 734, 735-36 (Minn.1978) (per curiam).
discussed Cited as authority (rule) State v. Erickson (2×) also: Cited "see"
Minn. Ct. App. · 1987 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978) (determination of the voluntariness of a waiver involves “the same kind of inquiry basically that is made to determine whether a statement is ‘voluntary’ within the meaning of the traditional voluntariness requirement”).
cited Cited as authority (rule) State v. Andrews
Minn. · 1986 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Beard
Minn. Ct. App. · 1986 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Campbell
Minn. · 1985 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978) (citations omitted).
cited Cited as authority (rule) State v. Gravley
Minn. Ct. App. · 1984 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Gard (2×)
Minn. Ct. App. · 1984 · confidence medium
State v. Linder, 268 N.W.2d 734, 735-36 (Minn.1978).
discussed Cited as authority (rule) State v. Patricelli
Minn. · 1984 · confidence medium
In independently determining whether a confession or statement was involuntary or coerced, we consider all relevant factors, including “age, maturity, intelligence, education, experience, ability to comprehend, lack of or adequacy of warnings, length and legality of detention, nature of interrogation, physical deprivations, [and] limits on access to counsel and friends * * *.” State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
cited Cited as authority (rule) State v. Ture
Minn. · 1984 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978). *512 As to statements made by defendant to the police prior to May 12, 1981, his contention is clearly meritless.
cited Cited as authority (rule) State v. Jackson
Minn. · 1984 · confidence medium
State v. Linder, 268 N.W.2d 734, 736 (Minn.1978).
cited Cited as authority (rule) State v. Jungbauer
Minn. · 1984 · confidence medium
State v. Linder, 268 N.W.2d 734, 735-36 (Minn.1978).
discussed Cited as authority (rule) State v. Ponte-Alfonzo
Minn. · 1984 · confidence medium
We will move to exclude the conversation from the record at this point.” In State v. Linder, 268 N.W.2d 734, 735 (Minn.1978), we stated, “[I]f the prosecutor shows that the [Miranda ] warning was given and that the defendant stated he understood his rights and then gave a statement, the state will be deemed to have met its burden of proof, unless there is other evidence indicating that there was no knowing, intelligent, and voluntary waiver.” Here there was no other evidence indicating that defendant’s waiver was not knowing, intelligent, and voluntary, and defense counsel did not rais…
discussed Cited as authority (rule) State v. Kivimaki
Minn. · 1984 · confidence medium
Factors to be considered include age, maturity, intelligence, education, experience, ability to comprehend, lack of or adequacy of warnings, length and legality of detention, nature of interrogation, physical deprivations, limits on access to counsel and friends, and others. 268 N.W.2d at 735 (citations omitted).
cited Cited as authority (rule) State v. Ngoc Van Vu
Minn. · 1983 · confidence medium
State v. Kulseth, 333 N.W.2d 635, 637 (Minn.1983); State v. Linder, 268 N.W.2d 734, 735 (Minn.1978).
discussed Cited as authority (rule) State v. Kulseth (2×)
Minn. · 1983 · confidence medium
State v. Linder, 268 N.W.2d 734, 735 (Minn.1978); State v. Willadson, 268 N.W.2d 546, 547 (Minn. 1978).
discussed Cited as authority (rule) State v. Morgan
Minn. · 1980 · confidence medium
We stated in State v. Linder, 268 N.W.2d 734, 735 (Minn.1978), that in reviewing a trial court ruling on the issue whether a waiver of constitutional rights was knowing and intelligent: [T]his court will not reverse specific findings of the district court unless they are clearly erroneous, but this court will make an independent determination, on the basis of the facts as found, of whether the state has shown by a fair preponderance of the evidence that the waiver was knowing, intelligent, and voluntary.
discussed Cited as authority (rule) Jensen v. State
Minn. · 1979 · confidence medium
As we stated in State v. Linder, 268 N.W.2d 734, 735 (Minn.1978), ordinarily “if the prosecutor shows that the warning was given and that defendant stated he understood his rights and then gave a statement, the state will be deemed to have met its burden of proof, unless there is other evidence indicating that there was no knowing, intelligent, and voluntary waiver.” Here the testimony of the officer who questioned defendant the morning after the arrest was sufficient to prove that a warning was given and that defendant’s waiver was voluntary.
discussed Cited "see" State v. Farrah (2×)
Minn. · 2007 · signal: see · confidence high
See State v. Linder, 268 N.W.2d 734, 735 (Minn.1978) citing Brewer v. Williams, 430 U.S. 387, 403 , 97 S.Ct. 1232 , 51 L.Ed.2d 424 (1977) (stating that “the question of waiver [is] not a question of historical fact, but one which * * * requires application of constitutional principles to the facts as found” (internal quotation marks omitted)).
examined Cited "see" MAB v. State (3×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Linder, 268 N.W.2d 734 ; Hernandez, 61 Wis.2d 253 , 212 N.W.2d 118 .
examined Cited "see" M.A.B. v. State (3×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See State v. Linder, 268 N.W.2d 734, 735 (Minn.1978) (holding that ordinarily "if the prosecutor shows that the warning was given and that [the] defendant stated he understood his rights and then gave a statement, the state will be deemed to have met its burden of proof, unless there is other evidence” that the waiver was invalid); State v. Hernandez, 61 Wis.2d 253 , 212 N.W.2d 118, 121 (1973) ("[W]hen the state has established that [the] defendant has been told or has read all the rights and admonitions required in Miranda, and the defendant indicates he understands them and is willing to m…
discussed Cited "see" State v. Provost (2×)
Minn. · 1992 · signal: see · confidence high
See State v. Linder, 268 N.W.2d 734, 736 (Minn.1978) (expert psychiatric testimony admitted on issue of whether defendant was capable of knowing, intelligent and voluntary waiver); and State v. Holm, 322 N.W.2d 353, 354 (Minn.1982) (expert psychiatric testimony admitted on whether defendant competent to stand trial).
Retrieving the full opinion text from the archive…
STATE of Minnesota, Appellant,
v.
Christopher Jesse LINDER, Respondent
48684.
Supreme Court of Minnesota.
Jul 14, 1978.
268 N.W.2d 734
1978 Minn. LEXIS 1477
Warren Spannaus, Atty. Gen., St. Paul, Robert W. Johnson, County Atty., Edwin M. Wistrand, Asst. County Atty., Anoka, for appellant., C. Paul Jones, Public Defender, Minneapolis, for respondent.
Per Curiam.
Cited by 78 opinions  |  Published
[*735] PER CURIAM.

This is a pretrial appeal by the state pursuant to Rule 29.03, subd. 1, Rules of Criminal Procedure, from an order of the district court suppressing evidence in the criminal prosecution of defendant. The issue on appeal is whether the court erred in determining that defendant’s waiver of his Miranda rights was not knowing, intelligent, and voluntary. We affirm the suppression order and remand for trial.

In Miranda the court stated that when the government claimed waiver “a heavy burden” rested on it “to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.” Miranda v. Arizona, 384 U.S. 436, 475, 86 S.Ct. 1602, 1628, 16 L.Ed.2d 694, 724 (1966).

In an ordinary case if the prosecutor shows that the warning was given and that defendant stated he understood his rights and then gave a statement, the state will be deemed to have met its burden of proof, unless there is other evidence indicating that there was no knowing, intelligent, and voluntary waiver. State v. Willadson, - Minn. —, 268 N.W.2d 546, filed May 5, 1978.

However, if there is other such evidence, then the trial court must make a subjective factual inquiry to determine whether under the totality of the circumstances the waiver was knowing, intelligent, and voluntary. This is the same kind of inquiry basically that is made to determine whether a statement is “voluntary” within the meaning of the traditional vol-untariness requirement. McCormick, Evidence (2 ed.) p. 336. Factors to be considered include age, maturity, intelligence, education, experience, ability to comprehend, lack of or adequacy of warnings, length and legality of detention, nature of interrogation, physical deprivations, limits on access to counsel and friends, and others. The Supreme Court’s recent decision in Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232, 51 L.Ed.2d 424 (1977), supports this totality-of-the-circumstances approach. See, also, State v. Hogan, 297 Minn. 430, 212 N.W.2d 664 (1973) (same totality-of-circumstances approach applies in determining validity of waiver of Miranda rights by juvenile).

On appeal this court will not reverse specific findings of the district court unless they are clearly erroneous, but this court will make an independent determination, on the basis of the facts as found, of whether the state has shown by a fair preponderance of the evidence that the waiver was knowing, intelligent, and voluntary. This is the approach on appeal from a determination of the voluntariness of a confession — see, Doan v. State, 306 Minn. 89, 234 N.W.2d 824 (1975) — and is also the proper approach on appeal from the determination of the voluntariness of waiver, since the nature of the inquiry is similar. See Brewer v. Williams, 430 U.S. 387, 403, 97 S.Ct. 1232, 1242, 51 L.Ed.2d 424, 439 (1977), stating that “the question of waiver [is] not a question of historical fact, but one which * * * requires 'application of constitutional principles to the facts as found’* * *.”

In this case the district court, in ordering suppression, relied upon the following evidence:

(a) evidence that the police officers who arrested defendant physically and verbally abused him,

(b) evidence that at the time he waived his rights defendant had gone without sleep for over 24 hours,

(c) evidence that defendant was under the influence of alcohol at the time he waived his rights,

(d) evidence that defendant had not had anything to eat that day,

(e) evidence that defendant was “very tense” at the time he waived his rights,

(f) evidence that defendant apparently felt he was under an obligation to waive his rights,

[*736] (g) evidence that defendant wanted an attorney,

(h) evidence that defendant was relatively uneducated,

(i) evidence that defendant was of low intellect,

(j) evidence that defendant was suffering from a severe psychosis and was an escapee from a state mental hospital,

(k) evidence that defendant had not had his daily dosage of his anti-psychosis medication, and

(l) expert psychiatric testimony that defendant was incapable of understandingly waiving his rights.

The district court did not clearly err in any of its specific findings based on this evidence and, independently applying the totality-of-circumstances test to the facts as found, we conclude that the court did not err in determining that the prosecution failed to meet its burden of proving that there was a knowing, intelligent, and voluntary waiver.

Affirmed.