State v. Richardson

WHICHARD, Judge.

Defendant contends the court erred in denying his motion to suppress his confession. We agree, and accordingly award a new trial.

The voir dire hearing on the motion to suppress established without contradiction that the confession was made under the following circumstances:

In late September 1981, defendant was arrested in Tennessee on charges of attempted burglary and possession of burglary tools. He was released on bond and returned to his home in Kentucky.

Defendant appeared at a preliminary hearing in Tennessee in mid-October 1981. At that hearing Tennessee authorities…