Smith's Criminal Case Compendium
Table of Contents
State v. Davis, 237 N.C. App. 22 (Oct. 21, 2014)
The trial court did not err by finding that the defendant’s statements were given freely and voluntarily. The court rejected the defendant’s argument that they were coerced by fear and hope. The court held that an officer’s promise that the defendant would “walk out” of the interview regardless of what she said did not render her confession involuntary. Without more, the officer’s statement could not have led the defendant to believe that she would be treated more favorably if she confessed to her involvement in her child’s disappearance and death. Next, the court rejected—as a factual matter—the defendant’s argument that officers lied about information provided to them by a third party. Finally, the court rejected the defendant’s argument that her mental state rendered her confession involuntary and coerced, where the evidence indicated that the defendant understood what was happening, was coherent and did not appear to be impaired.