STATE v. ONEY

No. 07-367.

989 A.2d 995 (2009)

2009 VT 116

STATE of Vermont v. James C. ONEY.

Supreme Court of Vermont.

November 25, 2009.


Attorney(s) appearing for the Case

James P. Mongeon, Rutland County State's Attorney, Rutland, and Jane Woodruff, Executive Director, State's Attorneys and Sheriffs Department, Montpelier, for Plaintiff-Appellee.

Allison N. Fulcher and Matthew Keister, Law Clerk, of Martin & Associates, Barre, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


DOOLEY, J.

¶ 1. Defendant appeals the Rutland District Court's denial of his motion to suppress statements made at a police interview, arguing that the police violated his rights under the Fifth and Sixth Amendments to the United States Constitution, and Chapter I, Article 10 of the Vermont Constitution. The trial court found that defendant was not in custody at the time the incriminating statements were made and denied defendant's motion. We affirm.

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