Wimbley v. State

WELCH, Judge;

dissenting.

I respectfully dissent from the holding in part I.B.2 of the main opinion that Corey Allen Wimbley’s confession was voluntary. Wimbley’s confession was coerced, and the error in its admission into evidence was not harmless; therefore, Wimbley’s convictions should be reversed and the cause remanded for a new trial or other proceedings.

At the beginning of Part I, in setting out the, applicable standard of review regarding a trial court’s decision on a motion to suppress, the main opinion quotes .cases addressing the applicable, standard when evidence has been presented…