State v. Washington

Judge GREENE

dissenting.

I disagree with the majority’s conclusion upholding the trial court’s “finding of fact” that the “defendant was not ‘in custody’ at the time he made the statements to the police officer . . . “The determination [of] whether an individual is ‘in custody’ during an interrogation so as to invoke the requirements of Miranda requires an application of fixed rules of law and results in a conclusion of law and not a finding of fact.” State v. Davis, 305 N.C. 400, 414-15, 290 S.E.2d 574, 583 (1982). I would conclude as a matter of law that the defendant’s incriminating…