Axelburg v. State

Phipps, Judge.

Michael Scott Axelburg was convicted of aggravated sexual battery against a teenaged babysitter who was spending the night at his house. His defense at trial was that he did not have the requisite intent to commit the crime, because the underlying act occurred while he was sleepwalking. On appeal, Axelburg argues that the trial court erroneously admitted into evidence a video recording and transcript of his police interrogation, contending that the interrogation occurred in violation of his Miranda rights and also that it erroneously presented to the jury the interrogating…