Mickey L. Johnson a/k/a Mickey Johnson v. State of Mississippi

Summary

The Supreme Court of Mississippi affirmed Mickey L. Johnson’s conviction for possession of cocaine and his sentence as a second drug offender. The court held that Johnson’s confession was voluntary and that the Miranda warning, which advised him of the right to have an attorney present during interrogation, was constitutionally sufficient.

Holdings

1. The confession was voluntary and admissible. The State met its burden through the officers' testimony, and the trial judge did not manifestly err in rejecting Johnson's conflicting account that his confession was induced by a threat or promise concerning his fiancée.
2. The Miranda warning was sufficient. Advising Johnson that he had the right to have an attorney present during interrogation, together with the right to appointed counsel if he could not afford one, adequately conveyed his right to counsel even though the warning did not use the specific phrase 'right to consult with counsel.'

Questions Presented

1. Whether Johnson's written confession was involuntary because officers coerced it by threatening or promising not to charge his fiancée.
2. Whether the Miranda warning was defective because it informed Johnson of his right to have an attorney present during interrogation but did not expressly state that he had the right to consult with counsel before questioning.

Disposition

affirmed