Legal Opinion

State v. Marchbanks

Missouri Court of Appeals

Decided May 29, 2018No. WD 80671Published

1Opinion of the CourtGary D. Witt, Judge

The State of Missouri ("State") appeals from an order from the Circuit Court of Jackson County granting a motion to suppress Dominique Marchbanks's ("Marchbanks") statements made during a police interview regarding the murder of Amorian Hale ("Hale"). The State argues that Marchbanks did not effectively invoke his Miranda1 rights because he was not under custodial interrogation at the time he filed his assertion of rights and sufficient time had passed to constitute a break in custody. We reverse and remand.

Statement of Facts2

In March of 2011, Marchbanks committed the offense of possession of…

2Cases cited18 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Edwards v. ArizonaSupreme Court of the United States · 1981
  3. McNeil v. WisconsinSupreme Court of the United States · 1991
  4. Missouri v. McNeelySupreme Court of the United States · 2013
  5. Maryland v. ShatzerSupreme Court of the United States · 2010

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