State v. Dennis
State v. Dennis
Opinion of the Court
The defendant contends that the trial court committed error in allowing a purported confession into evidence without first making sufficient findings of fact to support the conclusion that the confession was made voluntarily and understandingly. In North Car
After hearing the testimony of the police officer and the defendant on voir dire, the following adjudication was entered into the record by Judge Bowman:
“FINDINGS OF FACT AND CONCLUSIONS OF LAW
“COURT: Let the record show that from the evidence heard the Court determines and adjudges that the defendant's statement was freely, understandingly, and voluntarily made and made without undue influence, compulsion or duress and without promise of leniency. All right.”
This adjudication contains no findings of fact concerning the circumstances and conditions surrounding the interrogation of the defendant by Officer Booth nor does it contain any findings of fact as to the mental and physical condition of the defendant at the time he made the purported confession. Although the record of the trial is replete with evidence from which Judge Bowman could have made findings of fact to support his conclusion that the statement was made voluntarily and understandingly, his adjudication is completely devoid of any findings of fact. The failure to make requisite findings
Since there must be a new trial, we do not deem it necessary to discuss the remaining assignments of error as they may not arise on another trial.
For error committed in the trial, the defendant is entitled to a
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.