Day v. State

The issue presented in this case is whether the interrogating officer’s constant promises became an improper inducement rendering appellant’s statement involuntary. We find, based upon the totality of the circumstances, the confession is involuntary and due process requirements render the statement inadmissible.

Appellant was convicted of sexual battery and lewd or lascivious conduct. The victim, D.R., age fourteen, told her mother that appellant had touched her breasts and digitally penetrated her vagina. The mother called law enforcement who then interviewed appellant. Appellant was read his…