State v. Nolan

In circumstances where a police interview is conducted at the accused’s home, the interview lasts just over an hour, the officers apply minimal pressure to the accused, and where the accused is still free to terminate the interview, there are no compelling circumstances under State v. Roble-Baker.

Appellant appeals from a judgment of conviction of six counts of first-degree sexual abuse. Appellant raises three assignments of error: that the trial court erroneously denied his motion to suppress statements he made during an interview with detectives that he claimed were elicited without Miranda warnings, and that the trial court erred in denying two separate motions for a mistrial. The Court of Appeals held that compelling circumstances did not exist because the interview took place at appellant’s house, the length of the encounter was just over an hour, the officers only exerted little pressure on appellant, and appellant was still free to terminate the interview despite the officers’ vehicles blocking the driveway. See State v. Roble-Baker, 340 )r 631, 640-641 (2006). As to his second and third assignments of error, the court held that he was not denied a fair trial and thus the trial court did not err. AFFIRMED.