Legal Opinion · Dissent

Nix v. State

Court of Criminal Appeals of Tennessee

Decided March 18, 1975Published

1DissentGalbreath, Judge

There can be little doubt that the defendant was under arrest and in custody of the F.B.I. when devastatingly damaging admissions were obtained from him and a search conducted of his apartment. As summarized in the majority opinion, Agent Phillips admits that the defendant while in his own apartment “asked the agents to step outside a few minutes.” The agent testified, incredibly, that he advised the defendant that they could not do so. In later testimony, *532Agent Phillips admits that the reason the defendant was not left alone as he requested was because they feared “he had something he wanted…

2Cases cited5 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Robertson v. StateTennessee Supreme Court · 1947
  3. Murphy v. StateTennessee Supreme Court · 1953
  4. Martin v. StateCourt of Criminal Appeals of Tennessee · 1968
  5. United States v. HooperDistrict Court, E.D. Tennessee · 1969

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