2007-M-046                State of Minnesota, Respondent, vs. Jairam Ganpat, Appellant.

Appellant Jairam Ganpat was convicted of first-degree premeditated murder, second-degree intentional murder, and second-degree unintentional felony murder of his girlfriend, Moonku Persaud.  On this direct appeal, the Court upheld the conviction.

First, the Court held that the district court gave proper weight to the evidence and correctly determined that the defendant was competent to stand trial.  Second, the Court held that the district court’s conclusion that the defendant did not unambiguously or unequivocally invoke his right to remain silent was not clearly erroneous where the defendant declined to answer questions but explained that he did so because he was “not feeling well right now.”

Third, the Court held that the district court’s conclusion that the defendant waived his right to remain silent by responding to questions during his fourth interview with police was not clearly erroneous where he had been given Miranda warnings during two prior interviews, the same detective was involved in all interviews, the defendant was given a third Miranda warning in the middle of the fourth interview, and the detective assured the defendant that he could say “I don’t remember” to any question he did not want to answer.

Fourth, the Court held that defendant’s statements made during his fourth interview with police were voluntarily made where he had been given Miranda warnings in two prior interviews, there was no evidence of coercion, and defendant repeatedly denied that he had committed the murder.

                    Hanson (Russell Anderson, Page, Paul Anderson, Meyer, Barry Anderson, and Gildea)

DATE OF DECISION:  June 7, 2007

RECORD NUMBER:  2007-070

FULL OPINION: 

DESCRIPTION:  [MURDER] 

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