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Posted by: Chandra Williams on Nov 25, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

W. Joe Bell, Knoxville, Tennessee, for the appellant, Blake Edward Childress.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilbur, Senior Counsel; and Dan Armstrong, District Attorney General, for the respondent, State of Tennessee.

Judge(s): EASTER

Defendant, Blake Edward Childress, was convicted by a Hamblen County Jury of incest. He was sentenced to six years in incarceration. On appeal, he argues that (1) the trial court improperly denied a motion to suppress; (2) the trial court improperly allowed introduction of evidence of prior bad acts; and (3) the evidence was insufficient to support the conviction. After a review, we determine Defendant properly invoked his right to counsel and, thereafter, was improperly subjected to continued discussion by a detective that produced an incriminating response. Consequently, the subsequent confession by Defendant was obtained in violation of his Fifth Amendment right to counsel, and the trial court should have granted the motion to suppress. We determine the subsequent introduction of the confession at trial was not harmless error, and the judgment of the trial court is reversed and remanded for new trial.