People v. Smith

PRESIDING JUSTICE NASH

delivered the opinion of the court:

After a suppression hearing, the circuit court of Lake County-suppressed a written confession made by defendant, Mervi Smith, based upon its finding that she was in custody at the time of the statement but had not been advised of her Miranda rights. The State appeals, contending defendant was not in custody when she gave the written statement.

On the morning of December 3, 1984, a fire at defendant’s residence in Lake County caused the death of James Henderson, defendant’s boyfriend. That same day, Detective Michael Blazincic of the Lake…