Cushman v. State

MORRIS, Judge.

Joseph Cushman appeals his convictions after a jury trial for two counts of sexual battery on a child under twelve and two counts of battery. 1 He challenges the trial court’s denial of a motion to suppress statements he made during an interview with law enforcement; arguing that the interview was custodial' and' that he was not read his Miranda 2 rights. We conclude that the initial portion of the interview was not.custodial but that the interview turned custodial and that the trial court therefore erred in failing to suppress the statements Cushman made after that point…