People v. Nguyen

Summary

The Colorado Supreme Court reversed an order suppressing statements made by Hung Van Nguyen after Miranda rights were translated into Vietnamese by a police chaplain. The court held that, viewed in context and under the totality of the circumstances, the translation reasonably conveyed Nguyen’s rights to remain silent, to have statements used against him in court, and to appointed counsel before questioning.

Holdings

1. The translation stating that all Nguyen said could or might be used as evidence in court reasonably conveyed that his statements could be used against him, even though it omitted the words "against you." The possibility that the statements could also be used in Nguyen's favor did not negate the warning's conveyed meaning.
2. The translation reasonably conveyed that if Nguyen could not afford an attorney, the court would appoint an attorney or representative at no cost before questioning.
3. The court did not consider Nguyen's argument that his waiver was involuntary because the trial court had found the waiver voluntary and Nguyen had no right to bring that issue by interlocutory appeal.

Questions Presented

1. Whether the Vietnamese translation reasonably conveyed Miranda's warning that anything Nguyen said could be used against him in court.
2. Whether the Vietnamese translation reasonably conveyed that, if Nguyen could not afford an attorney, one would be appointed for him before questioning.
3. Whether Nguyen's challenge to the voluntariness of his waiver was properly before the court on the People's interlocutory appeal.

Disposition

reversed_and_remanded