People v. Kincaid

Although the record might support the finding that the defendant’s confession was the product of a rational intellect, the record does not support a finding that the defendant’s confession was a product of a free will. There is no question that the defendant’s will was overborne, and therefore the defendant’s confession was involuntary. The confession does not become voluntary merely because it was reliable. (See Townsend v. Sain (1963), 372 U.S. 293, 9 L. Ed. 2d 770, 83 S. Ct. 745.) The trial court’s finding that the defendant’s confession was voluntary was erroneous, and, therefore, I must…