State v. Swindler
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After a jury trial, Defendant was convicted of rape and sentenced to life in prison without the possibility of parole for twenty-five years. Defendant appealed, arguing in part that the district court erred in denying his motion to suppress incriminating statements and a drawing he provided law enforcement officers. The Supreme Court reversed Defendant's conviction, holding (1) the State did not carry its burden to show Defendant's confessions and drawing were given voluntarily under the Fifth Amendment, and thus the trial court violated Defendant's right to remain silent; and (2) the erroneous admission of this evidence was not harmless beyond a reasonable doubt. Remanded.
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