STATE v. NORTHERN

No. M2005-02336-SC-R11-CD.

262 S.W.3d 741 (2008)

STATE of Tennessee v. Marco M. NORTHERN.

Supreme Court of Tennessee, at Nashville.

August 26, 2008.


Attorney(s) appearing for the Case

Ross E. Alderman, District Public Defender; Jeffrey A. DeVasher, Assistant District Public Defender (on appeal); and Jason Gichner and Amy D. Harwell, Assistant District Public Defenders (at trial), for appellant, Marco M. Northern.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Elizabeth T. Ryan, Senior Counsel; Sophia S. Lee, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Rachel Sobrero and Amy Eisenbeck, Assistant District Attorneys General, for appellee, State of Tennessee.

WILLIAM M. BARKER, C.J., delivered the opinion of the court, in which CORNELIA A. CLARK, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., joined. JANICE M. HOLDER, J., concurring and dissenting.


OPINION

We granted this appeal to consider whether the courts below correctly held that Missouri v. Seibert, 542 U.S. 600, 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004), does not bar the introduction into evidence of the defendant's Mirandized2 videotaped confession which occurred after the defendant made an incriminating admission during a prior...

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