State v. Rees

SAUFLEY, J.,

with whom CLIFFORD, J. joins, dissenting.

[¶ 10] I respectfully dissent.

[¶ 11] In its holding today, the Court has concluded that, notwithstanding the absence of incarceration, compulsion, coercion, or police overreaching, no out-of-court statement of a defendant may be used against that defendant unless the State proves beyond a reasonable doubt that the statement was voluntary. In so holding, the court has completed its shift in focus, begun in Caouette, from the actions of the State to the internal motivations of the defendant. With this holding, the privilege against…