State v. McCullough

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 127,008 STATE OF KANSAS, Appellee, v. VERLEE MCCULLOUGH III, Appellant. SYLLABUS BY THE COURT 1. When considering a defendant's motion to suppress, an appellate court reviews the district court's factual findings for substantial competent evidence; the district court's legal conclusions are reviewed de novo. 2. The Fifth Amendment to the United States Constitution requires any statements stemming from a custodial interview to be excluded unless the State proves that procedural safeguards, i.e., Miranda warnings, were used to secure the waiver of…