Legal Opinion

Furnish v. State

Indiana Court of Appeals

Decided December 6, 2002No. 18A02-0203-CR-199PublishedCited by 6 opinions

1Opinion of the Court

OPINION

MATHIAS, Judge.

Delbert Furnish ("Furnish") was con-viected of Burglary, as a Class C felony, in Delaware Cireuit Court. During the jury trial, Furnish objected to the admission of a statement he made to police officers before he was Mirandized. His objection was overruled. He appeals his conviction and argues that the trial court abused its discretion when it admitted the statement because he was subjected to an interrogation before he was Mirandized; therefore, his statement was unlawfully obtained.

We reverse and remand for a new trial.

Facts and Procedural History

At approximately 4:20…

2Cases cited16 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Rhode Island v. InnisSupreme Court of the United States · 1980
  4. John Whitehead v. Roger D. Cowan, Warden, Menard Correctional CenterCourt of Appeals for the Seventh Circuit · 2001
  5. United States v. Charles W. WestbrookCourt of Appeals for the Seventh Circuit · 1997

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3Cited by6 opinions

  1. Joseph Matheny v. State of IndianaIndiana Court of Appeals · 2013
  2. Campbell v. StateIndiana Court of Appeals · 2005
  3. Gordon Lee Peak v. State of IndianaIndiana Court of Appeals · 2014
  4. Johnny Henderson v. State of IndianaIndiana Court of Appeals · 2013
  5. Michael Scanland v. State of IndianaIndiana Court of Appeals · 2019

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