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confession Archives

Court Reverses Exclusion of Confession

A confession can be important evidence in a criminal case. But a confession from the accused is only admissible if it is voluntary. A statement from the accused which a court determines has been coerced by law enforcement authorities will be excluded from evidence. In the recent Tennessee case of State v. Woods, M2014-00194-CCA-R9-CD (Tenn.Crim.App. 10-31-2014), the trial court had determined a confession to have been coerced by promises of leniency. That ruling was reversed on an interlocutory appeal by the state. The Court of Criminal Appeals determined the finding to be in error and reversed the ruling, thereby allowing the state to use the evidence at the upcoming trial.

Court Reverses Exclusion of Confession

A confession can be important evidence in a criminal case. But a confession from the accused is only admissible if it is voluntary. A statement from the accused which a court determines has been coerced by law enforcement authorities will be excluded from evidence. In the recent Tennessee case of State v. Woods, M2014-00194-CCA-R9-CD (Tenn.Crim.App. 10-31-2014), the trial court had determined a confession to have been coerced by promises of leniency. That ruling was reversed on an interlocutory appeal by the state. The Court of Criminal Appeals determined the finding to be in error and reversed the ruling, thereby allowing the state to use the evidence at the upcoming trial.

Court Reverses Exclusion of Confession

A confession can be important evidence in a criminal case. But a confession from the accused is only admissible if it is voluntary. A statement from the accused which a court determines has been coerced by law enforcement authorities will be excluded from evidence. In the recent Tennessee case of State v. Woods, M2014-00194-CCA-R9-CD (Tenn.Crim.App. 10-31-2014), the trial court had determined a confession to have been coerced by promises of leniency. That ruling was reversed on an interlocutory appeal by the state. The Court of Criminal Appeals determined the finding to be in error and reversed the ruling, thereby allowing the state to use the evidence at the upcoming trial.

Confession and Accomplice Testimony Sufficiently Corroborated

An out of court confession in a Tennessee criminal case must have independent evidentiary corroboration before it can be sufficient to sustain a conviction. Accomplice witness testimony must also have independent corroboration to be sufficient. Of course, if you have both of these things independently, they can corroborate each other. This occurred in the recent Tennessee case of State v. Hall, M2013-02090-CCA-R3-CD (Tenn.Crim.App. 9-5-2014).

Confession and Accomplice Testimony Sufficiently Corroborated

An out of court confession in a Tennessee criminal case must have independent evidentiary corroboration before it can be sufficient to sustain a conviction. Accomplice witness testimony must also have independent corroboration to be sufficient. Of course, if you have both of these things independently, they can corroborate each other. This occurred in the recent Tennessee case of State v. Hall, M2013-02090-CCA-R3-CD (Tenn.Crim.App. 9-5-2014).

Confession and Accomplice Testimony Sufficiently Corroborated

An out of court confession in a Tennessee criminal case must have independent evidentiary corroboration before it can be sufficient to sustain a conviction. Accomplice witness testimony must also have independent corroboration to be sufficient. Of course, if you have both of these things independently, they can corroborate each other. This occurred in the recent Tennessee case of State v. Hall, M2013-02090-CCA-R3-CD (Tenn.Crim.App. 9-5-2014).

Appellate Court Rules Confession Was Involuntary

A confession to the charged crime can be compelling evidence for the prosecution in a criminal case. In the United States, the government cannot force someone to confess to a crime, or even to give statements which may be incriminating. Statements a person makes voluntarily, however, can generally be used by the government in a criminal prosecution of that person. When a prosecutor seeks to use an incriminating statement against a defendant in a criminal case over objection, the prosecution must first show that the statement was voluntary. Particular scrutiny is afforded for statements made by a person who was in police custody when making the statement. In those situations, typically, a person must be first informed of the right to remain silent and right to counsel.

Appellate Court Rules Confession Was Involuntary

A confession to the charged crime can be compelling evidence for the prosecution in a criminal case. In the United States, the government cannot force someone to confess to a crime, or even to give statements which may be incriminating. Statements a person makes voluntarily, however, can generally be used by the government in a criminal prosecution of that person. When a prosecutor seeks to use an incriminating statement against a defendant in a criminal case over objection, the prosecution must first show that the statement was voluntary. Particular scrutiny is afforded for statements made by a person who was in police custody when making the statement. In those situations, typically, a person must be first informed of the right to remain silent and right to counsel.

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