State v. Kassow

We affirm the Court of Appeals.

Appellant’s first proposition of law relates to the trial court’s treatment of his pre-trial “application” (motion) to conduct an evidentiary hearing to determine the admissibility of an inculpatory statement “and for the court to put into the record its conclusions and findings thereon.” The motion was not accompanied by affidavit particularizing the facts in support of the claim, but undoubtedly it was directed to a tape-recorded statement elicited by in-custodial interrogation.

Apparently upon the premise that the state did not intend to use the statement, and…