Skip to main content
· 8/28/2017

State of Tennessee v. Mark Harold Lullen aka Luellen

Syllabus

We granted this interlocutory appeal to review the trial court's order granting the motion of the defendant, Mark Harold Lullen a.k.a. Luellen, to suppress his statement because officers did not give Miranda warnings. Upon review, we conclude Miranda warnings were unnecessary because the defendant was not in custody when questioned by law enforcement, so the trial court erred when granting the defendant's motion to suppress on that basis. Despite arguments by the defendant that he did not voluntarily give his statement because he was under the influence of prescription drugs, the trial court failed to make findings of fact in this regard. Accordingly, we remand for full hearing and additional findings as to whether the defendant's statement was voluntary.

Judges: Judge J. Ross Dyer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.