STATE v. PRESTON

No. 87-023.

555 A.2d 360 (1988)

STATE of Vermont v. Rick A. PRESTON.

Supreme Court of Vermont.

Motion for Clarification Denied October 28, 1988.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and David Tartter, Asst. Atty. Gen., Montpelier, for plaintiff-appellant.

Stephen S. Blodgett and Paul S. Volk of Blodgett & Watts, Burlington, for defendant-appellee.

Before ALLEN, C.J., PECK, J., BARNEY, C.J. (Ret.), KEYSER, J. (Ret.) and COSTELLO, District Judge (Ret.), Specially Assigned.


COSTELLO, District Judge (Ret.), Specially Assigned.

On January 20, 1986, Frank Evans was found murdered in his Barre apartment. While in custody on an unrelated charge, defendant confessed to the crime. He later filed a motion seeking to have his confession suppressed, and the district court granted the motion, ruling that his confession was involuntary and that the purported waiver of his Fifth Amendment rights was invalid. The State brought this interlocutory appeal...

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