New Hampshire v. McKenna
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After a jury trial in Superior Court defendant, Timothy McKenna was convicted of six counts of aggravated felonious sexual assault. Before trial, defendant moved to suppress his statements to the police on the ground that he was subject to a custodial interrogation without being informed of his Miranda rights. After an evidentiary hearing, the court denied the motion. Defendant appealed. Upon review of the facts in record, the Supreme Court found no evidence in that before or during his interrogation defendant was told that he was free to leave the property or informed of his Miranda rights. Nor was there evidence that the officers informed him that he was free to ask them to leave the property, or that he was not required to answer their questions. As such, the Supreme Court reversed and remanded for further proceedings.
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