Brent A. Willoughby. Order Reversed En Banc Chief Justice Boatright Delivered the Opinion of the Court, in Which…

Summary

The court held that Willoughby was not in custody for Miranda purposes when he made statements during police questioning at his apartment. Applying the totality-of-the-circumstances factors, the court concluded that the circumstances against custody—including the conversational tone, lack of physical restraint, freedom to move and smoke, and the brief duration—outweighed the circumstances favoring custody. The court therefore reversed the suppression ruling and remanded for further proceedings.