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McCULLEY v. STATE

No. 02-09-00222-CR.

352 S.W.3d 107 (2011)

Mark Alan McCULLEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

August 18, 2011.

Attorney(s) appearing for the Case

James R. Rasmussen , Public Defender, Morgan Taylor , Asst. Publice Defender, for Wichita County, Wichita Falls, for Appellant.

Maureen Shelton , Crim. Dist. Atty., John W. Brasher , Chief of the Appellate Division, Richard Mitchell , Asst. Crim. Dist. Attys., for Wichita County, Wichita Falls, for State.

PANEL: WALKER, MEIER, and GABRIEL, JJ.

OPINION

BILL MEIER, Justice.

I. INTRODUCTION

Appellant Mark Alan McCulley appeals his conviction for murder. In two points, McCulley contends that the trial court erred by determining that he was not in custody at the time he made incriminating statements to the police and by determining that he did not invoke his right to terminate the interview. Because we hold that the police cured their failure to...

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