Legal Opinion · Dissent

Osburn v. State

Supreme Court of Arkansas

Decided June 25, 2009No. CR 08-1146Published

1DissentRobert L. Brown, Justice

The suppression of the 8:55 p.m. confession by the majority eviscerates the State’s case against Osburn, making a retrial a remote possibility. While I agree wholeheartedly that involuntary confessions must be suppressed under our basic constitutional principles, I take issue with the majority’s analysis in this case. I disagree that Osburn did not reinitiate contact with the police. I further disagree that Os-burn’s will was overborne by the police agents’ reference to his daughter, Holley, in an interrogation that took place four hours earlier. For these reasons, I would affirm.

a. Right to…

2Cases cited16 opinions

  1. Haynes v. WashingtonSupreme Court of the United States · 1963
  2. Oregon v. BradshawSupreme Court of the United States · 1983
  3. United States v. BayerSupreme Court of the United States · 1947
  4. People v. WeaverCalifornia Supreme Court · 2001
  5. People v. OliveraIllinois Supreme Court · 1995

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