State v. Fisher

Because I believe that the trial court improperly shifted the burden of proof to defendant regarding the voluntariness of his confes*154sions and his competency to waive his Miranda rights, I respectfully dissent. I would reverse and remand for a new hearing on defendant’s motion to suppress.

As the majority notes, a trial court’s findings of fact are conclusive on appeal as long as they are supported by competent evidence, even if the record contains conflicting evidence. State v. Eason, 336 N.C. 730, 445 S.E.2d 917 (1994), cert. denied, 513 U.S. 1096, 130 L. Ed. 2d 661 (1995). When, however,…