Legal Opinion · Dissent

Beavers v. State

Alaska Supreme Court

Decided March 10, 2000No. S-8399Published

1Dissent

BRYNER, Justice, with whom EASTAUGH, Justice, joins,

dissenting.

I dissent from this opinion because it muddles the law of confessions and suppresses a statement that, by our traditional test, is voluntary.

Today’s .opinion announces that “threat-induced” confessions must now be considered “presumptively involuntary absent evidence affirmatively indicating that the suspect’s will was not overcome by the threats.”1 The court takes this rule from article I, section 9, of the Alaska Constitution with scarcely a glance to see whether it finds support in the text, context, or history of this…

2Cases cited22 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Malloy v. HoganSupreme Court of the United States · 1964
  3. Bram v. United StatesSupreme Court of the United States · 1897
  4. Baker v. City of FairbanksAlaska Supreme Court · 1970
  5. United States v. Katrina Ann TingleCourt of Appeals for the Ninth Circuit · 1981

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