State of Tennessee v. Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner Jr.

05/29/2026

IN THE SUPREME COURT OF TENNESSEE

AT JACKSON

May 28, 2025 Session Heard at Cookeville1

STATE OF TENNESSEE v. ANTONIO DEMETRIUS ADKISSON A/K/A

ANTONIO DEMETRIUS TURNER JR.

Appeal by Permission from the Court of Criminal Appeals

Circuit Court for Gibson County

No. 19840 Clayburn Peeples, Judge

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No. W2022-01009-SC-R11-CD

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Seventeen-year-old Antonio Demetrius Adkisson (a.k.a. Antonio Demetrius Turner, Jr.)

(“the Defendant”) was charged with two counts of first-degree murder for the fatal shooting

of two victims. The Gibson County Juvenile Court (“the juvenile court”) held a transfer

hearing and found it appropriate to transfer the Defendant to the Gibson County Circuit

Court (“the trial court”) to be prosecuted as an adult. After a jury trial, during which the

Defendant’s videotaped statements were admitted into evidence, the Defendant was

convicted of two counts of the lesser-included offense of second-degree murder. On direct

appeal, the Court of Criminal Appeals affirmed. See State v. Adkisson, No. W2022-01009-

CCA-R3-CD, 2024 WL 1252173 (Tenn. Crim. App. Mar. 25, 2024), perm. app. granted,

(Tenn. Aug. 14, 2024). The Defendant requested permission to appeal to this Court,

alleging (1) the juvenile court lacked probable cause to believe he committed the charged

offenses, as required for transfer by Tennessee Code Annotated section 37-1-134(a)(4)(A),

and (2) the trial court erred in admitting his confession at trial because he did not validly

waive his right to remain silent and his confession was involuntary. We hold that the

Defendant was properly transferred to the trial court. We further hold that the Defendant

validly waived his Fifth Amendment right to remain silent, but his confession was

unlawfully coerced in violation of the Due Process Clause and thus inadmissible at trial.

Having found reversible error on that basis, we vacate the Defendant’s convictions of

second-degree murder and remand the case for further proceedings consistent with this

opinion.

Tenn. R. App. P. 11 Appeal by Permission; Judgment of the Court of Criminal

Appeals Affirmed in Part, Reversed in Part; Case Remanded to the Circuit Court

1

Oral Argument was heard in this case on the campus of Tennessee Technological University as

part of the Tennessee American Legion Boys State S.C.A.L.E.S. (Supreme Court Advancing Legal

Education for Students) project.

JEFFREY S. BIVINS, C.J., delivered the opinion of the Court, in which HOLLY KIRBY,

DWIGHT E. TARWATER and MARY L. WAGNER, JJ., joined. SARAH K. CAMPBELL, J., filed

a separate opinion concurring in part and dissenting in part.

Claiborne H. Ferguson, Memphis, Tennessee, for the appellant, Antonio Demetrius

Adkisson.

Jonathan Skrmetti, Attorney General and Reporter; J. Matthew Rice, Solicitor General;

Ronald L. Coleman, Senior Assistant Attorney General; Frederick H. Agee, District

Attorney General; and Hillary L. Parham, Assistant District Attorney General, for the

appellee, State of Tennessee.

Jason Gichner and Jessica Marie Van Dyke, and Lauren Gottesman, for the Amici Curiae,

The Tennessee Innocence Project and The Innocence Project.

Jonathan P. Harwell, Sean P. Day, and Martha Dinwiddie, for the Amicus Curiae,

Tennessee Association of Criminal Defense Lawyers.

OPINION

I. FACTUAL AND PROCEDURAL BACKGROUND

The Shooting and Subsequent Investigation

The Defendant’s convictions arose from the murder of Dearrious2 Young and Troy

Whitmore (“the victims”). At approximately 9:00 p.m. on September 26, 2017, the victims

were fatally shot at the Meadows apartment complex (“the Meadows”) in Milan,

Tennessee.

Officer Dexter Huddleston of the Milan Police Department was off duty on the night

in question and heard the gunshots as he was leaving his apartment near the Meadows. He

immediately retrieved his weapon for protection and drove to the scene in his patrol car.

As he was pulling up to the Meadows, he saw a group of people3 standing over two

individuals on the ground. Officer Huddleston radioed the Milan Police Department

dispatch and requested two ambulances. Upon exiting his patrol car, Officer Huddleston

discovered the victims lying on the sidewalk with gunshot wounds. Each victim had been

shot four times. Officer Huddleston saw no weapons on or around the victims’ bodies. One

2

We note that, in the grand jury indictment, Mr. Young’s first name is spelled “De’Airrious”. For

consistency, we use the spelling reflected in the Court of Criminal Appeals’ opinion below.

3

Officer Huddleston testified at the Defendant’s transfer hearing that he saw two people standing

over the bodies. At trial, however, he stated that he saw a crowd of people.

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of the victims, Dearrious Young, was deceased. The other victim, Troy Whitmore, was

breathing but unresponsive. Thereafter, Whitmore was transported to Milan Hospital via

ambulance, where he was pronounced dead.

Investigator Jason Williams and other on-duty police officers responded to the scene

within minutes. Police “canvassed the whole area” for physical evidence using a metal

detector and professional lighting equipment. Nevertheless, they recovered only three 10-

millimeter shell casings and no weapons. In fact, no weapons associated with this case were

ever recovered. Based on the ballistics evidence from the scene, police determined that two

firearms were used in the shootings: a revolver, which would not eject spent shell casings,

and some type of pistol that would eject spent shell casings.

While officers were investigating the scene, the Milan Police Department dispatcher

received several anonymous, unverified tips identifying seventeen-year-old Antonio

Demetrius Adkisson (“the Defendant”) and seventeen-year-old Justice Walton (“the Co-

Defendant”) as the perpetrators. Onlookers at the scene also implored law enforcement

officers to investigate the Defendant and the Co-Defendant. Based on this information, the

police identified the Defendant and the Co-Defendant as suspects.

Police contacted the Defendant at his home later that same night at approximately

2:00 a.m. As shown by the body camera footage of the encounter, Milan Police Sergeant

Joe Fountain and Officer Allen Alexander arrived first and began speaking to the

Defendant on the front porch of his home with his mother standing behind him. The officers

asked the Defendant where he had been that night, and the Defendant’s mother advised

him that he did not have to answer. Against his mother’s advice, the Defendant responded

that he had been at the Meadows around 7:00 p.m. Sergeant Fountain informed the

Defendant that he was not under arrest and verbally informed him of his Miranda rights.

When Sergeant Fountain asked the Defendant if he understood his rights, the Defendant

nodded affirmatively.

Investigator Williams arrived a short time later. He asked the Defendant if he had

seen the Co-Defendant, and the Defendant responded that he had been with him earlier.

Investigator Williams told the Defendant’s mother that he would like to speak with the

Defendant at the police station and would bring him home when they were done. When the

Defendant’s mother asked if she could come, Investigator Williams replied that she was

“more than welcome.” Investigator Williams explained to the Defendant’s mother that her

son’s name had come up alongside the Co-Defendant in connection with a double

homicide.

The Defendant’s stepfather, who had walked onto the porch during the encounter,

noted that the Defendant was seventeen and asked the officers if the Defendant’s mother

would be able to sit in on the questioning. Investigator Williams assured him that she

would. After again assuring the Defendant’s mother that her son was not under arrest,

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police transported the Defendant to the police station in the back of a marked patrol car.

The Defendant’s mother stated that she would be “right behind” them.

The Interrogation

At approximately 2:20 a.m., the Defendant arrived at the police station and was

placed in an interrogation room. Prior to the interrogation, the Defendant sat by himself in

the interrogation room with the door open. During this time, he made small talk with two

officers standing in the hallway. The Defendant told the officers he was a senior at Milan

High School and was taking classes like economics, Spanish II, and history. From the

hallway, an officer stated, “This is Mother. She is welcome back.” Another officer

interjected, “Hold off on that. Hold up.” Although she remained in the lobby of the police

station, the Defendant’s mother was never permitted to enter the interrogation room or

speak to her son during the following seven hours.

At 2:30 a.m., Detective Nick Glenn, a Milan Police Department officer who was

also the Defendant’s school resource officer, entered the room and began to question the

Defendant. The Defendant explained to Detective Glenn that he and the Co-Defendant had

run into victim Dearrious Young while at the Meadows earlier that night around 7:00 p.m.,

that Young and his friends had flashed guns at them and threatened to beat them up, and

that he left around 7:05 p.m. because he did not feel safe. The Defendant also told Detective

Glenn that he was not around when the shootings occurred and he did not see anybody who

got shot. Although the Defendant initially said he did not know the victims, he later

admitted he had been in a prior altercation with Young.

Suspecting that the Defendant was lying, Investigator Williams entered the room

and took over the interrogation at approximately 2:40 a.m. Investigator Wiliams began by

noting that the Defendant already had been advised of his Miranda rights and asking the

Defendant if he would like to go over them again. The Defendant shook his head

negatively. Nevertheless, Investigator Williams once again clearly advised the Defendant

of his Miranda rights. Thereafter, the following exchange occurred:

[Investigator Williams:] Anything we discuss right now I can talk with the

DA about in the future. Okay? I’ve had numerous phone calls. Okay? I’ve

probably got enough to charge you with two counts of first-degree murder.

Okay?

[Defendant:] (nods affirmatively)

[Investigator Williams:] But, first of all, before we get that far. I heard some

of the conversation you had with Nick. I was in the next door over here doing

some paperwork. And evidently you’ve had some beef with these guys. If

you’re scared of them or if they, you know if you was in fear for your life, or

if you and [the Co-Defendant] was in fear for your lives . . . . Now, right now

is the time to tell me the truth. Because if you don’t . . . I don’t know if you

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realize how much trouble that ya’ll [sic] are in. Okay? I mean, you’re looking

at possibly the death penalty. You understand what I’m saying?

[Defendant:] Yes sir.

[Investigator Williams:] But, if you’ll be honest with me, I’ll try to help you

all I can. But if you’re not, I can’t help you. Okay? I mean, I can’t, Garry

Brown, the District Attorney in this area has already been on the phone,

within the last 30 minutes. Okay? I mean, it’s serious. And I feel like you’ll

be honest. But I just want to let you know how serious it is if you’re not. It’s

serious either way, but you have to be honest, okay?

Investigator Williams later testified that he was unaware at the time of the Defendant’s

questioning that the law precludes the imposition of the death penalty on juvenile

offenders. See Roper v. Simmons, 543 U.S. 551, 578 (2005) (“The Eighth and Fourteenth

Amendments forbid imposition of the death penalty on offenders who were under the age

of 18 when their crimes were committed.”).

Following the above exchange, the Defendant explained to Investigator Williams

that he and the Co-Defendant walked to the Meadows before the shootings, a group flashed

their guns at them near the dumpster area, and he split off from the Co-Defendant and left

around 7:05 or 7:15 p.m. because he did not feel safe. He claimed that his father picked

him up by the highway near the Meadows around that time and that he knew nothing of

the shooting until he arrived home later that night.

To this, Investigator Williams replied “Well, I would believe that if I didn’t see you

[on] video. The Meadows has got video . . . pointing towards the shooting.” In fact, no such

video existed. Investigator Williams explained that he did not believe the Defendant was

being “straight” with him and asked if he would be willing to take a polygraph test.

Gesturing to the door, the Defendant replied, “Ask my mama.” Investigator Williams

retorted, “You would fail it.” He explained that numerous callers had reported seeing him

and the Co-Defendant on the scene.

At 2:52 a.m., Investigator Williams asked the Defendant who shot the victims if not

him. The Defendant replied, “I don’t know who shot . . . can you get my mamma in here?”

Investigator Williams replied, “No, I’m not getting your mamma in here . . . I mean this is

grown up shit.” The Defendant reiterated that he was not present at the shooting and

claimed that he was with his father. Investigator Williams told the Defendant that he was

going to get his father’s phone records to determine if they “pinged” at the location where

the Defendant claimed his father picked him up. Investigator Williams stated, “When I

prove . . . you ain’t going nowhere. You gonna sit right there. And when I prove the first

lie . . . the first lie that I catch you in I’m gonna charge you with two counts of first-degree

murder. Okay? Now if you tell me what happened and tell me the damn truth, we can deal

with that and you might not be up here all night long.”

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At 2:58 a.m., the Defendant recounted the evening again, but this time he admitted

to being at the Meadows with the Co-Defendant at approximately 9:00 p.m. when the

shooting took place. However, he insisted that he and the Co-Defendant had run away

together after hearing gunshots in the distance. Investigator Williams again stated that he

was not buying the Defendant’s story.

The Defendant asked to start over. This time, he identified the Co-Defendant as the

shooter. The Defendant claimed that he and the Co-Defendant had left the Meadows

together after the encounter with Young, but that they returned later to retrieve the Co-

Defendant’s phone. He admitted he was “right there” when the Defendant pulled the trigger

but denied having fired a weapon himself. The Defendant drew a diagram to show

Investigator Wiliams the route he and the Co-Defendant took to flee the scene. Investigator

Williams asked the Defendant if his hands would test positive for gunshot residue. The

Defendant insisted they would not.

At 3:19 a.m., as Investigator Williams was getting up to leave, the Defendant asked,

“Is my mama here?” Investigator Williams confirmed that she was at the station and told

the Defendant that he was going to talk to her. The Defendant asked if he could speak to

her too. Investigator Williams replied, “Yea. We’ll let you talk to her in just a second.”

After Investigator Williams exited the room, the Defendant crossed his arms on the table

in front of him and laid his head in his arms.

At 3:23 a.m., the Chief of Police, Bobby Sellers, entered the interrogation room.

After Chief Sellers explained to the Defendant that he was the police chief, the following

exchange occurred:

[Chief Sellers:] . . . Do you understand how much trouble you’re in?

[Defendant:] Because I was with him when it happened?

[Chief Sellers:] [nods affirmatively]

[Defendant:] [nods affirmatively]

[Chief Sellers:] You’re just as guilty as he is.

[Defendant:] I didn’t know he was going to do it though.

[Chief Sellers:] I understand. But do you think twelve men and

women in a jury box are gonna believe that?

[Defendant:] [shrugs his shoulders]

Chief Sellers asked the Defendant if he wanted to be in prison at age seventeen,

clarifying that he was referring to the state penitentiary, not a juvenile detention center. He

asked, “You know what they do to seventeen-year-olds in the [penitentiary]?” When the

Defendant shook his head no, Chief Sellers said, “I don’t think you want to know.” The

Defendant stated, “And [Investigator Williams] said I might get the death penalty.” Chief

Sellers replied, “I don’t know about that. We don’t know about that. But you’re in a lot of

damn trouble. What you’ve got to do right now is help yourself. Where is [the Co-

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Defendant] at?” The Defendant said he did not know. Chief Sellers told the Defendant that

when he ends up in court, how much he helped police will have a bearing on what happens

to him. During the conversation, Chief Sellers positioned himself directly in front of the

seated Defendant and leaned forward with his hands braced on the table.

Chief Sellers exited the room at 3:26 a.m. Thereafter, the Defendant tightly gripped

his hair and began rocking back and forth in his chair, repeatedly whispering, “I’m gonna

go to jail.” He placed his head on the table in front of him and repeatedly hit it there. He

appeared to cry for several minutes. He tried to sleep but could not get comfortable.

Investigator Williams returned 20 minutes later to resume questioning. The

Defendant once again recounted the events of the prior night. Although he added additional

details, he largely stuck to his most recent story. At 3:54 a.m., the Defendant told

Investigator Williams what Chief Sellers had said about how he could get in trouble for

being at the scene even though he was not the shooter and that a jury would not believe

him innocent. Investigator Williams replied that, although he believed the Defendant was

not the shooter, he was “on the verge of proving” that he was standing by the Co-Defendant

when he pulled the trigger.

When the Defendant again insisted that he stayed back, Investigator Williams stated

that this “show[ed] how cooperative” he was being. The Defendant asked if he was being

good or bad at cooperating, and Investigator Williams stated that he was somewhere in the

middle. He told the Defendant that if he wanted him to “whisper in [the district attorney’s]

ear” that the Defendant was cooperative, scared, remorseful, and just a kid, he needed to

tell the truth.

At 4:03 a.m., as Investigator Williams was getting up to leave, the Defendant again

asked if he could speak to his mother. Investigator Williams replied, “Yeah, I think they’re

talking to her. But we’ll get her in a minute.” When Investigator Williams left, the

Defendant put his head down on the table. Approximately one minute later, an officer

opened the door and asked the Defendant if he wanted a biscuit. The Defendant declined

but asked for water, and officers brought him a bottle of water.

At 4:31 a.m., Investigator Williams re-entered the room, accompanied by Detective

Kelvin Whitney of the Milan Police Department. The Defendant continued to claim that

he was only nearby when the Co-Defendant fired the shots. He used the diagram he had

drawn to explain the direction he ran in after the shootings. The officers left at 4:47 a.m.

At approximately 5:00 a.m., an officer entered the interrogation room and asked the

Defendant about the clothing he was wearing the night before and whether he needed more

water. The Defendant was alone for the majority of the following three hours. He took two

brief trips to the restroom but otherwise remained in the interrogation room alone.

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At 6:02 a.m., the Defendant knocked on the door and asked, for a fourth time, if he

could speak to his mother. Detective Whitney confirmed that she was still at the station

and told the Defendant he could “talk to her in a minute.” Around 6:40 a.m., the Defendant

knocked on the door again and asked for a blanket or a towel because he was cold. An

officer informed him that they did not have any. Approximately 15 minutes later, the

Defendant knocked on the door again and asked to speak to Detective Whitney.

Detective Whitney reentered the interrogation room at 6:57 a.m. The Defendant told

him that he did not want to “take the charge” for the Co-Defendant. Detective Whitney

replied, “we don’t want to charge you with something that you didn’t do . . . that’s why

we’re trying to work all this stuff out.” The Defendant then told Detective Whitney that the

Co-Defendant had two guns but denied having held either gun. He emphasized that he was

willing to take a gunshot residue test and asked if he “ha[d] to stay here still” after taking

it. Detective Whitney replied, “I don’t know man. We’re still trying to figure everything

out.”

At 7:02 a.m., Detective Whitney left the room. The Defendant put his head down

on the table. He tried but failed to sleep. At 8:08 a.m., an officer brought him food from

McDonald’s, which the Defendant did not eat.

At 8:34 a.m., Detective Whitney returned. He explained that police were about to

run a search warrant on the Defendant’s home and stated, “We know you had a gun.”

Detective Whitney asked whether the Defendant shot out of fear or to kill somebody, and

the Defendant confessed that he shot out of fear. The Defendant explained that the Co-

Defendant gave him a revolver for protection after the initial encounter with Young and

that he dropped the gun while running away from the scene. He claimed that, upon

encountering Young again, someone had pulled out a gun and he had pulled the trigger

because he “felt like it was [his] life or their life.”

Detective Whitney ultimately left the room at 8:51 a.m. The Defendant sat alone in

the interrogation room for the next 40 minutes. The recording of the interrogation ends at

9:38 a.m., with the Defendant alone in the interrogation room. Thereafter, the Defendant

was arrested.

Juvenile Court Proceedings

The Defendant and the Co-Defendant were each subsequently charged with two

counts of premeditated first-degree murder. The State filed notice of its intent to transfer

both juveniles to the Gibson County Circuit Court to be tried as adults. Prior to the transfer

hearing, the Defendant moved to suppress his incriminating statements made to

investigators on September 27, 2017. 4

4

The Defendant’s motion to suppress filed in the juvenile court is not in the record.

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The juvenile court held a joint transfer hearing for the Defendant and the Co-

Defendant on October 13, 2017. At the transfer hearing, Officer Huddleston testified that

he was off duty on the night in question and was leaving his home near the Meadows

around 9:10 p.m. when he heard four gunshots. He immediately drove to the Meadows in

his patrol car. Although he activated his emergency blue lights, he forgot to turn on his

headlights in his rush to get to the scene. When he pulled up to the scene, he observed “two

people standing over two bodies.” Because the area was poorly lit and he had failed to turn

his headlights on, he could not clearly see the people standing over the bodies. By the time

he exited the vehicle and approached the bodies, the people he had seen standing around

them had disappeared. Officer Huddleston remained at the scene while it was being

processed and did not see any weapons recovered from the victims’ bodies.

Witness Quavion Lipscomb, cousin of the Defendant and classmate of the

Defendant and the Co-Defendant, testified that he was with the Defendant and the Co-

Defendant earlier on the night of the shootings. He testified that they came to his house

between 6:00 and 6:30 p.m. A short time later, they asked Lipscomb if he wanted to smoke

marijuana with them at the Meadows and another nearby apartment complex, the Villas.

Lipscomb declined but agreed to drop them off. A couple of nights after the shootings,

Lipscomb spoke to law enforcement officers and told them that the Co-Defendant’s pants

had been sagging and seemed unusually heavy. The Defendant’s pants, on the other hand,

were not sagging. Lipscomb drove the Defendant and the Co-Defendant to the Villas and

dropped them off around 7:00 p.m. While in the car on the way to the Villas, Lipscomb

saw a silver gun in the waistband of the Co-Defendant’s shorts. He did not see the

Defendant with a gun.

Witness J’Lon Dance, cousin of the Defendant and the Co-Defendant and friend of

the victims, testified that his aunt picked him up from work at approximately 8:00 p.m. on

the night of the shootings and dropped him off at the Meadows, where he lived with his

mother. Upon arrival, Dance ran into Young and two other friends and began speaking to

them outside of his apartment near a dumpster. Not long after, the Defendant and the Co-

Defendant walked by. Before he and the Defendant walked away, the Co-Defendant said

something unintelligible and “raised up his shirt” to show “something silver” that Dance

thought was a gun. Thereafter, Dance and two friends went back to Dance’s apartment to

play video games. The victims joined them around 9:00 p.m. At some point thereafter,

Dance walked the victims to the door, and they left the apartment. Moments after they left,

Dance heard gunshots. Upon hearing shots fired, Dance and the others immediately ran

outside and saw the victims on the ground. Dance testified that he did not see anyone else

near the victims’ bodies.

Witness Michael Williams testified that, on the night in question, he was preparing

to go to his godbrother’s home when he heard on a police scanner app that someone had

been shot in the area. Approximately 10 to 15 minutes later, he drove to his godbrother’s

home located near the Meadows. After he pulled into the back driveway, but while he was

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still sitting in his car, he observed two young men “speed-walking” through “the cut”

behind his godbrother’s home—a pathway that leads from the Villas to a nearby road. He

testified that the young men appeared spooked, scared, and sweaty. He asked the young

men what was going on and whether someone had been shot. They replied that they did

not know and that they were running because they heard gunshots. Mr. Williams testified

that he believed it was possible for two young men in good shape to travel on foot from the

Meadows to his godbrother’s home in 10 to 15 minutes.

Investigator David Burton testified that he assisted in the investigation of the

murders and interviewed Dance and Williams in the days following the shootings. Based

on information the Milan Police Department received regarding the Defendant’s and the

Co-Defendant’s involvement in the shootings, Investigator Burton compiled a

photographic array using photographs from the Milan High School yearbook. Three days

after the shootings, Investigator Burton presented the array to Michael Williams, who went

through each photo one-by-one before choosing the photos of the Defendant and the Co-

Defendant and signing them. Investigator Burton asked Mr. Williams if the individuals

pictured in the photos were those who he had seen on the night of the shootings, and Mr.

Williams responded in the affirmative. Mr. Williams told Investigator Burton that he knew

one of the subjects and recognized the other from the street. However, Mr. Williams did

not indicate which individual he knew. Although Mr. Williams changed his tune at the

transfer hearing and testified that ‘it was dark” and he was unsure whether the Defendant

and the Co-Defendant were the individuals he saw, Investigator Burton testified that Mr.

Williams was positive about the identification at the time he was presented with the photo

array. And while Mr. Williams stated that he had not been threatened for testifying against

the Defendant, Investigator Burton testified that Williams previously indicated to him that

he had concerns for his safety over testifying.

Investigator Jason Williams, who responded to the scene minutes after the shooting

and conducted the majority of the Defendant’s interrogation, was last to testify at the

transfer hearing. Investigator Williams testified that each victim was shot four times but

that law enforcement recovered only three 10-millimeter shell casings from the crime

scene. Comparing the number of bullet wounds to the number of recovered shell casings,

Investigator Williams theorized that two firearms had been used in the shootings, one being

a revolver that did not eject spent shell casings, and the other being some kind of pistol. He

testified that he did not see any weapons at the crime scene.

After hearing an offer of proof from the State regarding the circumstances

surrounding the Defendant’s interrogation, the juvenile court granted the Defendant’s

motion to suppress and did not consider the Defendant’s statements for purposes of the

transfer decision. At the close of the hearing, the juvenile court found that (1) both juveniles

were seventeen at the time of the alleged murders; (2) both juveniles were provided with

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timely notice of the hearing; and (3) there were reasonable grounds5 to believe each

juvenile committed two counts of first-degree murder as alleged in the petition, that they

were not committable to a mental health facility, and that the interests of the community

required they be legally restrained or disciplined. See Tenn. Code Ann. § 37-1-134(a)(4)

(2017).

In determining whether transfer was appropriate, the juvenile court considered the

statutory transfer factors.6 The juvenile court acknowledged that the Defendant had no prior

criminal record or past treatment and that there was no evidence presented of the murders

“involving gangs,” but found that the offense was against two persons, “was a violent

offense[,]” “done in a premeditated manner[,]” and was “an aggressive crime.”

Emphasizing the “nature of the charge that [the Defendant and the Co-Defendant were]

facing and their age,” the court concluded that it did not have “any procedures, services or

facilities that could adequately address rehabilitation with these juveniles.” Based on the

totality of all the transfer factors, particularly factors three, four, and five, the juvenile court

found it appropriate to transfer the Defendant and the Co-Defendant to the trial court to be

prosecuted as adults.

Trial Court Proceedings

Following transfer, a Gibson County Grand Jury indicted each juvenile on two

counts of premeditated first-degree murder In May 2018, Defendant moved to suppress his

incriminating statements, arguing that “the circumstances surrounding his interrogation

5

The terms “reasonable grounds” and “probable cause” “ha[ve] been used interchangeably” in the

juvenile transfer analysis. State v. Reed, No. M2009-00887-CCA-R3-CD, 2010 WL 3432663, *6 (Tenn.

Crim. App. Aug. 31, 2010). The language of the transfer statute has changed over time; the General

Assembly originally used the term “reasonable grounds” to describe the standard of proof required under

Tennessee Code Annotated section 37-1-134(a)(4) but later replaced “reasonable grounds” with “probable

cause”. Compare Tenn. Code Ann. § 37-1-134(a)(4) (2016) with Tenn. Code Ann. § 37-1-134(a)(4) (2017).

For ease of reference, this opinion uses “probable cause” when discussing Tennessee Code Annotated

section 37-1-134(a)(4), which aligns with the statutory language at the time of the offenses.

6

At the time of the alleged offenses, these included:

(1) The extent and nature of the child’s prior delinquency records;

(2) The nature of past treatment efforts and the nature of the child’s response thereto;

(3) Whether the offense was against person or property, with greater weight in favor of

transfer given to offenses against the person;

(4) Whether the offense was committed in an aggressive and premeditated manner;

(5) The possible rehabilitation of the child by use of procedures, services and facilities

currently available to the court in this state; and

(6) Whether the child’s conduct would be a criminal gang offense, as defined in section

40-35-121, if committed by an adult.

Tenn. Code Ann. § 37-1-134(b)(1)–(6) (2017).

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were in violation of the Fifth and Sixth Amendments of the United States Constitution,

Article I, section IX of the Tennessee Constitution, and Miranda v. Arizona, 384 U.S. 436

(1966).” The State responded in opposition.

In December 2018, the trial court held a suppression hearing during which it

reviewed in camera the body camera footage from the Defendant’s encounter with law

enforcement at his home and the first hour of the recording of the Defendant’s

interrogation.7 Thereafter, the trial court denied the Defendant’s motion to suppress,

finding in its order denying relief

that the Defendant was seventeen (17) years old at the time of the interview

and the Court was impressed from a viewing of the interview with the

intelligence of the Defendant and it was clear the Defendant understood

Miranda warnings and the consequences of waiving the rights set forth in the

warnings; and, no proof was presented regarding the extent of the

Defendant’s education and there was no indication of intoxication or drug

influence or retardation; and, the Defendant’s parents were not present in the

room during the interview but their absence does not render the confession

involuntary; and, the interrogation was only one (1) hour in duration such

that the Defendant did not appear to be fatigued or beaten down; and, despite

the fact that the investigator informed the Defendant at the beginning of the

interview that he could possibly be facing the death penalty.

The trial court concluded that based on all the circumstances present at the Defendant’s

home and the police station, the Defendant’s incriminating statements were voluntary and

admissible at trial.

The case proceeded to a jury trial.8 At trial, portions of the Defendant’s interrogation

were admitted into evidence, including his confession to shooting the victims. Tennessee

Bureau of Investigation Special Agent Kyle Osborne, an expert in gunshot residue,

determined that there was gunshot residue on pants police obtained from the Defendant’s

bedroom in the days after the shootings. Agent Osborne testified that the presence of

gunshot residue indicated that the person wearing the pants fired a gun, was near a gun

7

The almost seven-hour recording of the Defendant’s interrogation is split into seven parts.

Because the parties agreed that the remainder of the video was not relevant to the issues raised in the

Defendant’s suppression motion, the trial court reviewed only the first portion of the recording at the

suppression hearing. Specifically, the court reviewed footage from approximately 2:20 a.m. to 3:20 a.m.,

during which the Defendant was interviewed by Detective Glenn and Investigator Williams. All seven video

files, as well as the body camera footage from the Defendant’s encounter with police at his home, are in the

record. We have meticulously reviewed them all in full.

8

Although the Defendant and the Co-Defendant were transferred together, they were tried

separately.

- 12 -

when it was fired, or came into contact with a gun soon after it was fired. The trial court

also heard testimony from Tennessee Bureau of Investigation Special Agent Kasia Lynch.

Special Agent Lynch confirmed Investigator Williams’s theory that two firearms had been

used in the shootings, specifically, a revolver and a pistol. The State also introduced

evidence of the Defendant’s cell phone records placing him at the Meadows at the time of

the shooting. The remaining proof at trial was consistent with the testimony at the juvenile

transfer hearing.

The jury ultimately convicted the Defendant of two counts of the lesser included

offense of second-degree murder. Pursuant to an agreement made between the State and

the Defendant whereby the Defendant would testify against the Co-Defendant, the trial

court imposed an effective sentence of twenty years of imprisonment.

Appellate Proceedings

The Defendant appealed. See Adkisson, 2024 WL 1252173. The Court of Criminal

Appeals affirmed. Id. at *1. The majority found that the juvenile court acted within its

discretion in transferring the Defendant to the trial court, reasoning that it “considered the

statutory factors [in Tennessee Code Annotated section 37-1-134] and made appropriate

findings, which are supported by the record, in determining whether transfer was

appropriate.” Id. at *6. As is relevant to this appeal, the majority found that the evidence at

the transfer hearing supported the juvenile court’s finding of “reasonable grounds to

believe the defendant committed the offense.” Id.

The majority further found no error in the trial court’s denial of the Defendant’s

suppression motion. Id. at *9. At the outset, the majority concluded that Miranda warnings

were not necessary in this case because the Defendant “was not under arrest or in custody

at the time he spoke with officers and ultimately confessed.” Notwithstanding this

determination, the majority considered the factors for juvenile waiver set forth in State v.

Callahan, 979 S.W.2d 577 (Tenn. 1998), and determined that they weighed in favor of

valid waiver. Id. at *6–7. The majority next considered the factors for voluntariness set

forth in State v. Climer, 400 S.W.3d 537, 568 (Tenn. 2013), and concluded that, “under the

totality of the circumstances, it is clear the defendant’s statement to law enforcement was

voluntary and was not a product of coercion.” Id. at *7–9.

Judge Camille McMullen dissented, concluding that the juvenile court erred in

transferring the Defendant to the trial court and the trial court improperly denied the

Defendant’s motion to suppress. Id. at *9 (McMullen, P.J., dissenting). On the suppression

issue, the dissent disagreed with the majority’s “sua sponte” determination that Miranda

warnings were unnecessary, noting that “neither party disputes that the Defendant was in

custody [for Miranda purposes] at the time of his statement” and that no colorable

argument could be made to the contrary. Id. at *15. After summarizing in detail the

evidence presented at the transfer hearing, the dissent disagreed with several of the

majority’s factual characterizations; particularly, that the Chief of Police “corrected”

- 13 -

Investigator Williams’ legal misstatement regarding the death penalty, that the

interrogation was “one hour in duration,” and that the Defendant “provided a significant

portion of the statement in question and implicated himself in the murder after only one

hour.” Id. at *16, *18. In the dissent’s view, the totality of the circumstances in light of the

Callahan and Climer factors indicated that the Defendant’s Miranda waiver was invalid

and his confession was involuntary. Id. at *18.

The Defendant sought permission to appeal to this Court.9 In this appeal, the

Defendant maintains that the juvenile court lacked probable cause to transfer the case to

the trial court. The Defendant further contends that the trial court erred in denying his

motion to suppress on the grounds that his incriminating statements to police were elicited

in violation of his constitutional right to remain silent under the Fifth Amendment and his

due process rights under the Fourteenth Amendment.

II. ANALYSIS

A. Juvenile Transfer

We first address whether the juvenile court properly found probable cause under

Tennessee Code Annotated section 37-1-134(a)(4)(A) (2017)10 to transfer the Defendant

to the trial court. A juvenile court has exclusive jurisdiction over children who are alleged

to be delinquent. Howell v. State, 185 S.W.3d 319, 326 (Tenn. 2006) (citing State v. Hale,

833 S.W.2d 65, 66 (Tenn. 1992)). Tennessee’s juvenile transfer statute provides that after

a delinquency petition has been filed, the juvenile court “may transfer the child to the

sheriff of the county to be held according to law and to be dealt with as an adult in the

criminal court of competent jurisdiction.” Tenn. Code Ann. § 37-1-134(a) (2017). The

transfer statute further provides that “[t]he disposition of the child shall be as if the child

were an adult if:” (1) as applied to this case, the child was at least sixteen years old at the

time of the offense, (2) a hearing was held in conformity with the transfer statute, (3) the

notice requirements were met, and (4) the juvenile court finds probable cause to believe

that:

(A) The child committed the delinquent act as alleged;

9

The Defendant’s application for permission to appeal stated the issues as:

I. Did Juvenile Court lack probable cause to bind the case over to the Circuit Court?

II. Did the Circuit Court err in not suppressing Defendant’s statement?

III. Is the standard of review of a juvenile court bindover order, as it relates to the

probable cause clause in T.C.A. section 37-1-134(a)(4)(A) (probable cause to

believe the child committed the delinquent act) de novo as suggested by the dissent

or abuse of discretion as used by the majority[?]

10

We apply the version of the transfer statute in effect at the time of the alleged offenses.

- 14 -

(B) The child is not committable to an institution for the developmentally

disabled or mentally ill; and

(C) The interests of the community require that the child be put under

legal restraint or discipline.

Tenn. Code Ann. § 37-1-134(a)(1)–(4) (2017).11

The transfer statute also requires a juvenile court to consider certain factors in

determining whether transfer is appropriate, including:

(1) The extent and nature of the child’s prior delinquency records;

(2) The nature of past treatment efforts and the nature of the child’s response

thereto;

(3) Whether the offense was against person or property, with greater weight

in favor of transfer given to offenses against the person;

(4) Whether the offense was committed in an aggressive and premeditated

manner;

(5) The possible rehabilitation of the child by use of procedures, services and

facilities currently available to the court in this state; and

(6) Whether the child’s conduct would be a criminal gang offense, as defined

in section 40-35-121, if committed by an adult.

Id. at 134(b) (2017).12 These factors are by no means exclusive. State v. Wilson, No.

W2003-02394-CCA-R3CD, 2004 WL 2533834, *2 (Tenn. Crim. App. Nov. 8, 2004).

The first issue presented here concerns the probable cause determination required

by Tennessee Code Annotated section 37-1-134(a)(4)(A)—whether probable cause exists

to believe a juvenile defendant committed the delinquent act as alleged—and the standard

by which an appellate court reviews that determination.13 The Defendant contends that the

Court of Criminal Appeals erred by reviewing the probable cause determination required

11

We note that the State contends that subsections (a) and (b) of the transfer statute are mandatory

and discretionary provisions, respectively. Specifically, the State avers that a juvenile court may transfer a

juvenile under subsection (b), the discretionary transfer provision, without making the probable cause

determination required by subsection (a), the mandatory transfer provision. As explained in further detail

below, we conclude that the juvenile court met all the criteria for transfer under Tennessee Code Annotated

section 37-1-134 and did not abuse its discretion in transferring the Defendant to the trial court.

12

In 2022, our General Assembly amended subsection (b) to add a seventh factor: “Whether the

child has a history of trauma or abuse, including, but not limited to, the child being a victim of a human

trafficking offense as defined in § 39-13-314.” Tenn. Code Ann. § 37-1-134(b)(7).

13

Because the Defendant takes no issue with the juvenile court’s determinations under subsections

(a)(4)(B) and (C), we focus on the juvenile court’s probable cause determination under subsection (a)(4)(A)

and the standard of review applicable to that determination.

- 15 -

by subsection (a)(4)(A) under an abuse of discretion standard. He argues that the

determination under subsection (a)(4)(A) instead warrants de novo review. The State

advocates the application of an abuse of discretion standard to an appellate court’s entire

review of a juvenile court’s transfer decision, including its subsidiary finding of whether

probable cause exists to satisfy subsection (a)(4)(A).

We traditionally have upheld a juvenile court’s decision to transfer a juvenile absent

abuse of discretion. See Howell, 185 S.W.3d at 329; see also State v. Strickland, 532

S.W.2d 912, 920 (Tenn. 1975) (finding that a juvenile court is afforded “a wide range of

discretion” in determining whether to transfer a juvenile to be prosecuted as an adult). The

standard of review applicable to the specific probable cause determination required by

Tennessee Code Annotated section 37-1-134(a)(4)(A), however, is an issue of first

impression for this Court.14

In arguing for de novo review, the Defendant relies principally on Ornelas v. United

States, 517 U.S. 690 (1996), a decision of the Supreme Court of the United States.

In Ornelas, the Supreme Court “granted certiorari to resolve . . . the applicable standard of

appellate review” of probable-cause findings to stop or search. 517 U.S. at 695. The Court

explained that the probable-cause question in the Fourth Amendment context involves two

“principal components[.]” Id. at 696. “The first part of the analysis involves only a

determination of historical facts[.]” Id. Appellate courts must afford “due weight to

inferences drawn from those facts” by law enforcement officers, as well as to the trial

court’s findings regarding the credibility of the officers and the reasonableness of their

inferences. Id. at 699. The second part of the analysis involves applying the historical facts

to the law and determining whether the facts, viewed from the standpoint of an objectively

reasonable officer, amount to reasonable suspicion or to probable cause. Id. at 697. As the

Supreme Court explained, this second consideration is a mixed question of law and fact

which appellate courts must review de novo and without deference. Id. at 696. The Court

reasoned that “[i]ndependent review is [ ] necessary if appellate courts are to maintain

control of, and to clarify, the legal principles” of probable cause. Id. at 697 (emphasis

added).

In State v. Bell, we cited Ornelas for the proposition that the determination of

probable cause to arrest “is a mixed question of law and fact that we review de novo.” 429

S.W.3d 524 (Tenn. 2014) at 529 (first citing Ornelas, 517 U.S. at 696–98; and then citing

State v. Davis, 354 S.W.3d 718, 726 (Tenn. 2011)). Since Bell, we have consistently

14

Tennessee’s intermediate appellate courts appear to have reviewed this determination under

conflicting standards. Compare State v. Orange, 543 S.W.2d 344, 346–47 (Tenn. Ct. App. 1976) (reviewing

the record de novo and finding it “contain[ed] sufficient proof of probable cause to believe that [the

defendant] committed the delinquent act alleged”), with State v. Polochak, No. M2013-02712-CCA-R3-

CD, 2015 WL 226566, *38 (Tenn. Crim. App. Jan 16, 2015), perm. app. denied (Tenn. May 14, 2015),

abrogated on other grounds by State v. Booker, 656 S.W.3d 49 (Tenn. 2022) (“A juvenile court’s findings

in determining whether reasonable grounds exist to establish the criteria in subsection (a)(4) are reviewed

for an abuse of discretion.”).

- 16 -

applied de novo review to determinations of probable cause across a variety of contexts.

See, e.g., Reynolds, 504 S.W.3d at 298 (citing Bell and applying de novo review to the

question of whether probable cause exists to search); State v. Green, 697 S.W.3d 634, 640

(Tenn. 2024) (“Whether law enforcement possessed probable cause to search a vehicle

pursuant to the automobile exception ‘is a mixed question of law and fact that we review

de novo.’” (quoting Bell, 429 S.W.3d at 529)).

We conclude that the determination of probable cause for purposes of juvenile

transfer under Tennessee Code Annotated section 37-1-134(a)(4)(A) should be no

different. As in the Fourth Amendment context, whether probable cause exists to transfer

a juvenile defendant under subsection (a)(4)(A) requires a two-step analysis. First, the

juvenile court must establish the historical facts leading up to the alleged offense. Second,

considering the elements of the crime in light of the established facts, the juvenile court

must determine whether probable cause exists to believe the juvenile committed the alleged

offense. We defer to the juvenile court’s determination regarding the historical facts but

review the juvenile court’s probable cause determination—a mixed question of law and

fact—de novo. See Aaron v. Aaron, 909 S.W.2d 408, 410 (Tenn. 1995) (“[T]his Court has

great latitude to determine whether findings as to mixed questions of fact and law made by

the trial court are sustained by probative evidence on appeal.”).

We clarify today that an appellate court should review de novo the subsidiary

determination of whether probable cause exists to believe a juvenile committed the alleged

delinquent act under Tennessee Code Annotated section 37-1-134(a)(4)(A).15 The juvenile

court’s ultimate transfer decision, however, will not be reversed on appeal absent an abuse

of discretion. See Howell, 185 S.W.3d at 329.

With this standard of review in mind, we address whether the evidence at the

transfer hearing established probable cause to believe the Defendant committed two counts

of premeditated first-degree murder. The Defendant contends that the evidence at the

transfer hearing was insufficient to justify such a finding. The State, on the other hand,

avers that the proof at the transfer hearing sufficed to establish probable cause.

As Judge McMullen’s dissent correctly noted, “[p]robable cause in the context of

juvenile transfer hearings is not statutorily defined.” Adkisson, 2024 WL 1252173, at *9

(McMullen, P.J., dissenting). However, prior case law indicates that “‘[t]he substance of

15

The few appellate decisions from other jurisdictions addressing this issue also have found that

de novo review applies. See Commonwealth v. Irvin I., 173 N.E.3d 415, 420 (Mass. App. Ct. 2021) (noting

that de novo review applies to the determination of probable cause that a juvenile defendant committed the

delinquent act); In re A.J.S., 897 N.E.2d 629, 638 (Ohio 2008) (“[A] juvenile court’s probable-cause

determination in a mandatory-bindover proceeding involves questions of both fact and law, and thus, we

defer to the trial court’s determinations regarding witness credibility, but we review de novo the legal

conclusion whether the state presented sufficient evidence to demonstrate probable cause to believe that the

juvenile committed the acts charged.”).

- 17 -

all the definitions’ of probable cause ‘is a reasonable ground for belief of guilt.’” Brinegar

v. United States, 338 U.S. 160, 175 (1949) (quoting McCarthy v. De Armit, 99 Pa. 63, 69

(1881)). The determination of probable cause is “highly fact-dependent[.]” Bell, 429

S.W.3d at 529. “The strength of the evidence necessary to establish probable cause to arrest

is significantly less than the strength of evidence necessary to find a defendant guilty

beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014). It requires

“more than mere suspicion” but need not rise to the level of “absolute certainty.” State v.

Melson, 638 S.W.2d 342, 350 (Tenn. 1982). The circumstances must demonstrate merely

a “fair probability” that a crime has been committed. Illinois v. Gates, 462 U.S. 213, 238

(1983).

Here, the Defendant was indicted on two counts of premeditated first-degree

murder. The offense is defined as the premeditated and intentional killing of another. Tenn.

Code Ann. § 39-13-202(a)(1) (2017). A person acts intentionally when it is the person’s

conscious objective or desire to cause the death of the alleged victim. Tenn. Code Ann. §

39-11-302(a) (2017). A premeditated act refers to an act done after the exercise of

reflection and judgment. Tenn. Code Ann. § 39-13-202(d) (2017). However, “no specific

period of time need elapse between the defendant’s formulation of the design to kill and

the execution of that plan[.]” State v. Brown, 836 S.W.2d 530, 543 (Tenn. 1992))

(superseded on other grounds by statute as recognized in State v. Harrell, No. E2005-

01531-CCA-R3-CD, 2007 WL 595885 (Tenn. Crim. App. Feb. 26, 2007), perm. app.

denied, (Tenn. June 25, 2007).

As our Court of Criminal appeals has observed, “[p]roof of premeditation is

inherently circumstantial.” State v. Gann, 251 S.W.3d 446, 455 (Tenn. Crim. App. 2007).

“The trier of fact cannot speculate what was in the killer’s mind, so the existence of

premeditation must be determined from the defendant’s conduct in light of the

circumstances surrounding the crime.” Id. Circumstances which may give rise to an

inference of premeditation include, inter alia:

(1) use of a deadly weapon upon an unarmed victim; (2) the particular cruelty

of the killing; (3) declarations by the defendant of an intent to kill; (4)

evidence of procurement of a weapon; (5) preparations before the killing for

concealment of the crime; (6) calmness immediately after the killing; (7) a

lack of provocation on the victim’s part; and (8) a defendant’s failure to

render aid to a victim.

McKinney, 669 S.W.3d at 773. “The existence of premeditation is a question of fact to be

determined by considering all of the evidence.” State v. Reynolds, 635 S.W.3d 893, 916

(Tenn. 2021) (first citing State v. Clayton, 535 S.W.3d 829, 845 (Tenn. 2017); and then

citing State v. Dickson, 413 S.W.3d 735, 746 (Tenn. 2013)).

Although the question of proof of premeditation in this case is a close one, upon

reviewing the record de novo, we have determined that the evidence adduced by the State

- 18 -

at the transfer hearing was sufficient to support the juvenile court’s finding of probable

cause that the Defendant committed premeditated first-degree murder.

First, testimony at the transfer hearing indicated that the Defendant procured a

weapon after arriving at the Meadows. See State v. Bush, 942 S.W.2d 489, 501 (Tenn.

1997) (“Evidence of procurement of a weapon is probative to prove premeditation.”)

(citation omitted). Witness Quavion Lipscomb testified that, as he was driving the

Defendant and the Co-Defendant to the Meadows on the night of the shootings, he saw a

silver gun in the waistband of the Co-Defendant’s shorts, which were sagging and appeared

“unusually heavy.” The Defendant’s pants, on the other hand, were not sagging, and

Lipscomb did not see the Defendant with a gun. Shortly after they arrived at the Meadows,

the Co-Defendant and the Defendant walked past witness J’Lon Dance, victim Dearrious

Young, and two others. Dance testified that the Co-Defendant lifted up his shirt to show

“something silver” in his shorts that Dance thought was a gun. Dance testified that he did

not see the Defendant with a gun. Although the Defendant was not seen with a gun prior

to and immediately after arriving at the Meadows, Investigator Williams testified that

ballistics evidence from the crime scene indicated that two weapons were used in the

shootings.

Second, premeditation can be inferred based on evidence that the Defendant and the

Co-Defendant used deadly weapons against unarmed victims. See McKinney, 669 S.W.3d

at 773 (finding that use of a deadly weapon against an unarmed individual may be

considered when inferring premeditation). Officer Huddleston testified at the transfer

hearing that he did not observe any weapons on or near the victims’ bodies when he arrived

at the scene minutes after the shootings. Investigator Williams corroborated this testimony,

confirming no weapons were recovered from the crime scene.

Third, Investigator Williams testified that each victim was shot four times. See State

v. Davidson, 509 S.W.3d 156, 199 (Tenn. 2016) (“The manner in which the killing was

committed, such as ‘repeated shots, blows, and other acts of violence’ may constitute

sufficient evidence of premeditation.”) (quoting State v. Banks, 564 S.W.2d 947, 950

(Tenn. 1978)). The victims’ multiple gunshot wounds also demonstrate the intentional

nature of the murders. See, e.g., Reynolds, 635 S.W.3d at 917 (relying on evidence of

multiple gunshot wounds to establish intent for premeditated first-degree murder).

Fourth, and finally, the Defendant’s and the Co-Defendant’s failure to render aid to

the victims provides some evidence of premeditation. Officer Huddleston testified at the

transfer hearing that the people he saw surrounding the victims’ bodies when he pulled up

to the crime scene were gone by the time he exited his patrol car and approached the bodies.

J’Lon Dance further testified that he did not see anyone standing around the victims’ bodies

when he ran out of his apartment moments after the shooting.

Additionally, “[t]he identity of the perpetrator is an essential element of any crime.”

State v. Rice, 184 S.W.3d 646, 662 (Tenn. 2006) (citing State v. Thompson, 519 S.W.2d

- 19 -

789, 793 (Tenn. 1975)). With regard to identity, there was testimony from Michael

Williams that supported identification of the Defendant. Mr. Williams testified that, ten to

fifteen minutes after the shootings, he saw two young men speed-walking through the

woods between the Meadows and his godbrother’s home. Mr. Williams described the

young men as appearing “spooked” and “scared” and remarked that it was possible for two

young men in reasonably good shape to traverse the distance between the Meadows and

his godbrother’s home in ten to fifteen minutes. Mr. Williams agreed that three days after

the shootings, he picked the Defendant’s and the Co-Defendant’s photographs out of an

array and signed them. While he testified at the transfer hearing that he was unsure whether

the Defendant and the Co-Defendant were the young men he saw, Investigator Burton

testified that Mr. Williams was certain of the identification at the time and that he had

indicated he knew one of the individuals. Investigator Burton further testified that Mr.

Williams had expressed fear of retaliation for testifying against the Defendant.

While the evidence at the transfer hearing supporting the juvenile court’s finding of

probable cause may not have been overwhelming without the Defendant’s statement, “the

strength of the evidence necessary to establish probable cause [ ] is significantly less than

the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.”

Bishop, 431 S.W.3d at 41. Accordingly, we conclude that the testimony at the transfer

hearing was sufficient to establish probable cause that the Defendant committed two counts

of premeditated first-degree murder.

Because all the criteria for transfer under Tennessee Code Annotated section 37-1-

134 were satisfied in this case,16 we hold that the juvenile court did not abuse its discretion

in transferring the Defendant to the trial court to be prosecuted as an adult.

B. Admissibility of the Defendant’s Confession

Having found that the Defendant’s transfer was appropriate, we next consider

whether the trial court properly denied the Defendant’s motion to suppress and admitted

his incriminating statements at trial.

An appellate court is bound by the trial court’s factual findings regarding a motion

to suppress unless the evidence preponderates otherwise. Davidson, 509 S.W.3d at 182.

Questions as to the “credibility of the witnesses, the weight and value of the evidence, and

resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of

fact.” State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996). “However, when the trial court’s

findings of fact at a suppression hearing are based solely on evidence not requiring

credibility determinations, ‘the rationale underlying a more deferential standard of review

16

As noted previously, the juvenile court found that the Defendant was seventeen years of age at

the time of the alleged killings, that he was provided with timely notice of the transfer hearing, and that

probable cause existed to believe he was not committable to a mental institution and the community interests

required he be placed under legal restraint. The juvenile court also considered the six statutory transfer

factors and made findings as to each factor.

- 20 -

is not implicated.’” Climer, 400 S.W.3d at 556 (quoting State v. Binette, 33 S.W.3d 215,

217 (Tenn. 2000)). Such factual findings are reviewed de novo on appeal. Id. (citation

omitted).

Whether a defendant has validly waived the right to remain silent and voluntarily

confessed are questions of fact. State v. Willis, 496 S.W.3d 653, 695 (Tenn. 2016); State

v. Clark, 452 S.W.3d 268, 282 (Tenn. 2014). Because the trial court’s factual

determinations at the suppression hearing were based entirely on video evidence included

in the record, we review the trial court’s findings of fact de novo. See Climer, 400 S.W.3d

at 556. We likewise review the trial court’s application of the law to the facts de novo with

no presumption of correctness. Davidson, 509 S.W.3d at 187.

This issue implicates the federal and state privilege against self-incrimination. The

Fifth Amendment to the United States Constitution, applicable to the states through the

Due Process Clause of the Fourteenth Amendment, guarantees that no person shall be

compelled in any criminal case to be a witness against himself. U.S. Const. amend. V. The

corresponding provision of the Tennessee Constitution likewise prohibits compulsory self-

incrimination. Tenn. Const. art. I, § 9.

i. Miranda Warnings

In Miranda v. Arizona, 384 U.S. 436, 444 (1966), the United States Supreme Court

adopted a set of prophylactic measures designed to safeguard the constitutional right

against compelled self-incrimination and dispel the coercive pressures inherent in custodial

interrogations. Pursuant to Miranda, a suspect subjected to custodial interrogation must be

apprised by law enforcement

that he has the right to remain silent, that anything he says can be used against

him in a court of law, that he has the right to the presence of an attorney, and

that if he cannot afford an attorney one will be appointed for him prior to any

interrogation if he so desires.

Miranda, 384 U.S. at 479.

A defendant may waive the rights protected by Miranda provided he does so

voluntarily, knowingly, and intelligently. State v. Blackstock, 19 S.W.3d 200, 206 (Tenn.

2000). Absent a knowing and voluntary waiver, a defendant’s testimonial statements made

during a custodial interrogation are inadmissible as substantive evidence in the

prosecution’s case-in-chief. Climer, 400 S.W.3d at 564. Waiver notwithstanding, due

process principles require that a suspect’s statements to police be voluntary. Statements

obtained as a result of physical or psychological coercion are inadmissible for any purpose.

McKinney, 669 S.W.3d at 767. The prosecution carries the burden of establishing both

waiver and voluntariness by a preponderance of the evidence. Climer, 400 S.W.3d at 564;

Clark, 452 S.W.3d at 282.

- 21 -

We have recognized on several occasions that Miranda waiver and due process

voluntariness are distinct inquiries. McKinney, 669 S.W.3d at 765–67; Davidson, 509

S.W.3d at 189; Climer, 400 S.W.3d at 568. “The issue under Miranda is whether a suspect

received certain warnings and knowingly and voluntarily waived certain rights, whereas

the essential inquiry under the voluntariness test is whether a suspect’s will was overborne

so as to render the confession a product of coercion.” Davidson, 509 S.W.3d at 189 (first

citing State v. Freeland, 451 S.W.3d 791, 815 (Tenn. 2014); and then citing State v. Smith,

933 S.W.2d 450, 455 (Tenn. 1996)). These issues carry different evidentiary ramifications,

require separate analyses, and should not be conflated. McKinney, 669 S.W.3d at 765.

Accordingly, we will conduct the Miranda waiver and due process voluntariness inquiries

separately and in turn. See Id. at 767–68 (opting to conduct the Miranda inquiry first given

that “many of the same facts that are pertinent to the Miranda-waiver inquiry are also

pertinent to the due process voluntariness inquiry discussed later in the opinion”).

ii. Waiver

The Defendant contends that his Miranda waiver was not knowing and voluntary

because he lacked the experience and intelligence to understand the implications of

waiving his rights and his waiver was conditioned upon the presence of his mother in the

interrogation room. The State retorts that the circumstances surrounding the Defendant’s

Miranda waiver weigh in favor of a valid waiver.

As noted above, a Miranda waiver will not be considered valid unless it is knowing,

intelligent, and voluntary. Moran v. Burbine, 475 U.S. 412, 421 (1986). The waiver must

be “voluntary” in the sense that it is “the product of a free and deliberate choice rather than

intimidation, coercion, or deception[,]” and “knowing” in that it is made “with a full

awareness of the nature of the right being abandoned and the consequences of the decision

to abandon it.” Id. Taken together, the totality of the circumstances must reveal a willing

choice and an adequate level of understanding. Id.

When the defendant is a juvenile, Tennessee courts consider characteristics

pertinent to juveniles in evaluating whether the defendant validly waived his or her

Miranda rights. State v. Callahan, 979 S.W.2d 577, 583 (Tenn. 1998). The so-called

“Callahan factors” include:

(1) consideration of all circumstances surrounding the interrogation

including the juvenile’s age, experience, education, and intelligence;

(2) the juvenile’s capacity to understand the Miranda warnings and the

consequences of the waiver;

(3) the juvenile’s familiarity with Miranda warnings or the ability to read and

write in the language used to give the warnings;

(4) any intoxication;

(5) any mental disease, disorder, or retardation; and

(6) the presence of a parent, guardian, or interested adult.

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Id. “While courts shall exercise special care in scrutinizing a juvenile suspect’s waiver, no

single factor . . . should by itself render a confession unconstitutional absent coercive police

activity.” Id. (citing Colorado v. Connelly, 479 U.S. 157, 167 (1986)).

The Defendant in this case was advised of his Miranda rights two times—first at his

home, and second at the police station. Neither party disputes that the Defendant was in

custody for Miranda purposes when Investigator Williams read the Defendant the Miranda

warnings at the police station. Thus, we assume for purposes of this appeal that Investigator

Williams was required to recite the Miranda warnings, and there is no question that

Investigator Williams effectively and adequately did so. The pivotal question is whether

the Defendant validly waived the exercise of his right to remain silent.

Answering this question requires us to consider the Callahan factors in light of the

relevant facts in the record, beginning with the Defendant’s “age, education, and

intelligence.” At the time of the police interrogation, the Defendant was roughly eight

months shy of turning eighteen and was in the twelfth grade. He was a senior in high school

and school and had no intellectual disabilities. He appeared articulate and intelligent during

the interrogation. The Defendant’s age, education, and intelligence weigh in favor of a

valid waiver. Both parties agree that the Defendant did not have a prior record, which

weighs against valid waiver. See McKinney, 669 S.W.3d at 769.

The circumstances surrounding the interrogation and waiver reveal that police first

contacted the Defendant at his home with his mother standing nearby. The Defendant’s

mother underscored the Defendant’s right to silence by advising him that he need not speak

to police. After Sergeant Fountain fully informed the Defendant of his Miranda rights, the

Defendant implicitly indicated that he understood them. The Defendant answered a

question posed by Investigator Williams and willingly accompanied law enforcement

officers to the police station to speak with them further. A short time after they arrived at

the station, Investigator Williams asked the Defendant if he would like to go over his rights

again. The Defendant declined, but Investigator Williams nevertheless advised the

Defendant of his Miranda rights for a second time. The Defendant proceeded to speak to

Investigator Williams. He was able to read and write in the language used to convey his

Miranda rights and does not contend that he was intoxicated or suffering from any mental

impairment at the time of the Miranda waiver. These circumstances favor a valid waiver.

It is undisputed that the Defendant’s mother was not present in the interrogation

room when the Defendant was advised of his Miranda rights for a second time. While this

circumstance certainly weighs against a valid Miranda waiver, we disagree with the

Defendant’s contention that the absence of his mother from the interrogation room

automatically invalidates his waiver. See State v. Carroll, 36 S.W.3d 854, 864 (Tenn. Crim.

App. 1999) (“[T]he admissibility of a juvenile’s confession is not dependent upon the

presence of his parents at the interrogation.”) (citing State v. King, No. 02C01-9509-CR-

00280, 1997 WL 41256, at *3–4 (Tenn. Crim. App. Feb. 4, 1997)). As we have explained,

the validity of a waiver is evaluated based on all of the circumstances present at the time

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of the waiver. See Callahan, 979 S.W.2d at 583. The absence of the Defendant’s mother

from the interrogation room, while indeed disturbing given the Defendants’ multiple

requests for his mother’s presence, is not determinative.

With respect to the “knowing” prong of the waiver inquiry, we conclude that the

Defendant understood that he had a right to remain silent and what the consequences of

abandoning that right would be. The Defendant appeared intelligent, had a twelfth-grade

education, and was twice advised by law enforcement of the right to remain silent.

Nevertheless, he answered investigator’s questions. See Berghuis v. Thompkins, 560 U.S.

370, 385 (2010) (“As a general proposition, the law can presume that an individual who,

with a full understanding of his or her rights, acts in a manner inconsistent with their

exercise has made a deliberate choice to relinquish the protection those rights afford.”)

(citations omitted).

Turning to the “voluntary” prong, we find no evidence that the Defendant’s Miranda

waiver was extracted by improper police coercion. The Defendant agreed to accompany

investigators to the police station after officers made it abundantly clear that he was not

under arrest. After arriving at the station, the Defendant was in the interrogation room for

a short amount of time—approximately twenty minutes—before investigators again

advised him of his Miranda rights. Investigators maintained a calm and polite demeanor

up to that point.

The Defendant and amici curiae contend that the Defendant’s waiver was invalid

because it was not explicit.17 In the context of adult Miranda waivers, this Court has held

that “implicit waivers are valid” if “the suspect received and understood Miranda warnings,

did not invoke Miranda rights, and gave an uncoerced statement to the police.” Climer,

400 S.W.3d at 565 (citations omitted). In the juvenile context, the Tennessee Court of

Criminal Appeals has held that “waiver may be inferred from the facts of the case[,] and []

proof of an affirmative statement by a defendant to that effect is not essential.” Braziel v.

State, 529 S.W.2d 501, 506 (Tenn. Crim. App. 1975). We agree and hold that, for juvenile

and adult defendants alike, an implicit Miranda waiver is valid if the prosecution shows

the suspect received and understood the rights set forth in the Miranda warnings, chose to

17

Amici curiae urges this Court to adopt a per se rule that all implicit juvenile waivers are invalid.

We decline to do so and conclude that the validity of a Miranda waiver by a juvenile defendant, whether

implicit or explicit, should be determined based on the totality of the circumstances. See Fare v. Michael

C., 442 U.S. 707, 725 (1979) (“[The] totality-of-the-circumstances approach is adequate to determine

whether there has been a waiver even where interrogation of juveniles is involved.”); see also Hardaway v.

Young, 302 F.3d 757, 764 (7th Cir. 2002) (declining to impose a per se rule that “no child under the age of

16 may . . . make a voluntary confession without a parent or guardian present” because the Fare decision

“makes quite clear that all juvenile confessions are to be assessed under the totality of the circumstances

standard, and that no one factor will be dispositive”) (citation omitted).

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relinquish them, and was not coerced to do so. See Climer, 400 S.W.3d at 565. As discussed

above, these requirements have been satisfied in the present case.

Based on the totality of the circumstances surrounding the Defendant’s Miranda

waiver, we conclude that the Defendant was properly advised of his right to remain silent

and understood the right. We further conclude that the Defendant knowingly and

voluntarily relinquished the right.

iii. Voluntariness

The Defendant next contends that his statements were extracted by interrogation

methods violative of due process, including, but not limited to, “threats that he would face

the death penalty if he did not cooperate and that he would be forced to take lie detector

and gunshot residue tests.” He also cites his age, the length and time of the interrogation,

and police officers’ refusal to allow him to consult with his mother despite her presence at

the police station as factors affecting the voluntary nature of his confession. The State, for

its part, contends that the circumstances surrounding the Defendant’s confession show that

it was voluntary and not the product of coercion.

The use of an involuntary confession as evidence in a criminal prosecution is

prohibited by the United States Constitution under the Self-Incrimination Clause of the

Fifth Amendment and the Due Process Clause of the Fourteenth Amendment. See U.S.

Const. amend. V (prohibiting states from compelling a defendant in a criminal case “to be

a witness against himself”); see also Lisenba v. California, 314 U.S. 219, 236–37 (1941)

(holding that the use of a coerced confession to obtain a guilty verdict constitutes a denial

of due process under the Fourteenth Amendment). Introduction of an involuntary

confession at trial likewise is prohibited by the Tennessee Constitution under Article I,

section 9. Tenn. Const. art. I, § 9 (providing that a criminal defendant “shall not be

compelled to give evidence against himself”). The State bears the burden of proving

voluntariness by a preponderance of the evidence. Climer, 400 S.W.3d at 564.

Whether a confession is voluntary hinges on “‘whether the behavior of the state’s

law enforcement officials was such as to overbear petitioner’s will to resist and bring about

confessions not freely self-determined[.]’” State v. Kelly, 603 S.W.2d 726, 728 (Tenn.

1980) (quoting Rogers v. Richmond, 365 U.S. 534, 544 (1961)); see also Bram v. United

States, 168 U.S. 532, 542–43 (1897) (finding a confession to be inadmissible if “extracted

by any sort of threats or violence, []or obtained by any direct or implied promises, however

slight, []or by the exertion of any improper influence”).

In conducting the voluntariness inquiry, courts examine the totality of the

circumstances surrounding a suspect’s confession, considering “both the characteristics of

the accused and the details of the interrogation.” Climer, 400 S.W.3d at 568 (citations

omitted). Relevant factors include:

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the age of the accused; his lack of education or his intelligence level; the

extent of his previous experience with the police; the repeated and prolonged

nature of the interrogation; the length of the detention of the accused before

he gave the statement in question; the lack of any advice to the accused of

his constitutional rights; whether there was an unnecessary delay in bringing

him before a magistrate before he gave the confession; whether the accused

was injured[,] intoxicated[,] or drugged, or in ill health when he gave the

statement; whether the accused was deprived of food, sleep[,] or medical

attention; whether the accused was physically abused; and whether the

suspect was threatened with abuse.

Id. (quoting State v. Huddleston, 924 S.W.2d 666, 671 (Tenn. 1996)) (“the Climer

factors”). In making this determination, we are mindful that confessions and admissions by

juveniles require special caution. See e.g., In re Gault, 387 U.S. 1, 45 (1967); Haley v.

Ohio, 332 U.S. 596, 599 (1948); Gallegos v. Colorado, 370 U.S. 49, 53 (1962).

We begin by considering the facts that we recounted in the previous section

involving the Defendant’s personal characteristics. McKinney, 669 S.W.3d at 767

(“[M]any of the factors for determining whether a statement was voluntary are similar to

the factors for determining whether a juvenile waived his or her Miranda rights.”). At the

time of the statement, the Defendant was approximately eight months shy of turning

eighteen, was a senior in high school, and had no intellectual disabilities. He appeared

articulate and engaged during the questioning and gave no indication that he could not

understand the officers. here was also no evidence that he was under the influence of any

substance, such as alcohol or drugs, during the interview. The Defendant’s age, education,

lucidity, and sobriety during the interrogation support a finding of voluntariness. It is

undisputed that the Defendant had no prior experience with the criminal justice system.

This fact cuts against voluntariness.

The interrogation occurred entirely in the absence of the Defendant’s mother

although she was physically present at the police station, the Defendant expressed a desire

to speak with her on four separate occasions, and law enforcement repeatedly indicated

that he would be allowed to have his mother present in the near future. This never

happened. This factor weighs heavily against voluntariness.

At 4:05 a.m., law enforcement offered the Defendant food, which he declined,

though he accepted water. Food was provided at 8:08 a.m., but the Defendant did not eat.

Unsurprisingly, the Defendant was unable to sleep at all during lengthy breaks from

questioning. Video footage of the detention shows him yawning, stretching, and adjusting

his position in an apparent attempt to get comfortable. As the night progressed, the

Defendant exhibited signs of emotional distress, crying intermittently during breaks in

questioning and, at one point, repeatedly striking his head on the table in front of him.

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Shortly after the interrogation began, Investigator Williams inexplicably told the

Defendant that he was “looking at possibly the death penalty.” Investigator Williams then

intimated to the Defendant that he could possibly assist him in obtaining a more lenient

sentence if he cooperated, stating, “if you’ll be honest with me, I’ll try to help you all I

can[.]” Moreover, he told the Defendant that he had a video of the shooting incriminating

him when no such video existed.

When the Chief of Police, Chief Sellers (“the Chief”), entered the interrogation

room, the Chief told the Defendant that he was “just as guilty” as the Co-Defendant because

he was with him at the time of the shooting. The Chief insinuated that a jury would not

believe the Defendant was there but did not know the Co-Defendant was going to shoot,

asking “you think twelve men and women in a jury box are gonna believe that?”

The Chief himself also told the Defendant that he would be imprisoned in the state

penitentiary and warned the Defendant that he “d[idn]’t think [he] want[ed] to know” what

adult prisoners “do to seventeen-year-olds in the [penitentiary].”18 The Defendant then told

the Chief that Investigator Williams told him he could be facing the death penalty. Rather

than correct the misstatement, the Chief remarked, “I don’t know about that. We don’t

know about that.”19 While speaking to the seated Defendant, the Chief stood over him,

leaning forward with both hands planted on the table in front of him. The Defendant later

mentioned the Chief’s statements to Investigator Williams, noting that the Chief had told

him a jury would likely find him guilty just for being at the scene. The above circumstances

weigh strongly against voluntariness.

Having reviewed the evidence in the record pertaining to the death penalty threat in

this case, we now address whether that factor alone renders a minor defendant’s confession

involuntary. The admissibility of a juvenile defendant’s confession after a brief reference

to the death penalty, as occurred in this case, has not been addressed by a court of this state.

Appellate courts in other states have reached differing conclusions when considering

whether a brief death penalty reference alone rendered a juvenile defendant’s subsequent

confession involuntary. Compare State v. Garner, 614 N.W.2d 319, 327–28 (Neb. 2000)

(finding minor defendant’s statement voluntary despite two brief death penalty references

by law enforcement), with Green v. State, 605 A.2d 1001, 1005 (Md. Ct. Spec. App. 1995)

18

The only logical interpretation of this comment is that it was an allusion to prison violence and

rape. See Dye v. Commonwealth, 411 S.W.3d 227, 234 (Ky. 2013) (holding that “attempting to persuade a

seventeen-year-old that a confession is the only way he will avoid daily prison assault—sexual or

otherwise—is ‘objectively coercive’”) (citing Henson v. Commonwealth, 20 S.W.3d 466, 469 (Ky. 1999)).

While we do not agree with the Kentucky courts that such a statement is “objectively coercive,” it definitely

is a factor that weighs in favor of a finding of involuntariness.

19

The Court of Criminal Appeals found that the Chief had “corrected” Investigator Williams’ threat

regarding the death penalty. Adkisson, 2024 WL 1252173, at *2. We disagree that the Chief’s comment in

any way can be appropriately characterized as correcting Investigator Williams’ statement.

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(finding minor defendant’s statement involuntary where detectives made one brief death

penalty reference).

In Garner, a 15-year-old suspected of murdering an elderly woman was interrogated

by police in the absence of a parent or guardian from 2:16 a.m. to 5:06 a.m. 614 N.W.2d at

42, 45. Throughout the questioning, investigators employed an interrogation technique

whereby they would explain to the defendant how the public would perceive the crime and

suggest that this was the defendant’s opportunity to reframe the narrative. Id. at 46. During

two such instances, investigators told the defendant that when the public learned the details

of the murder, they would be “asking for the death penalty” and would “want to stick [him]

in the electric chair.” Id. The defendant’s confession was admitted into evidence at trial

over his objection. Id. at 47. On appeal, the Supreme Court of Nebraska held that the two

death penalty references did not render the defendant’s confession involuntary because

they were made “in the context of a continued effort by the officers to illustrate to [the

defendant] how the public would view the crime” rather than “in connection with a threat

or promise of leniency.” Id. at 51. The Garner Court also pointed out that “a considerable

amount of time passed between [the officer’s] second statement regarding the death penalty

and the time when [the defendant] confessed.” Id.

Conversely, in Green, the Court of Special Appeals of Maryland held that a

detective’s false statement to a seventeen-year-old murder suspect that he was facing the

death penalty was impermissibly coercive, and thus the minor’s subsequent confession was

not voluntary. 605 A.2d at 1003, 1005. As in Garner, the minor defendant in Green was

interrogated late at night in the absence of his mother. Id. at 1003. Unlike in Garner,

however, the detective in Green directly told the defendant that he could be facing the death

penalty. Id. Specifically, the detective told the defendant he could “get . . . the electric

chair” if he did not “tell [the officer] what happened.” Id. The defendant confessed shortly

thereafter. Id. In considering the voluntariness of the confession under the totality of the

circumstances, the Green Court found it “difficult to conceive of any other purpose to [the

investigating officer’s] actions in mentioning a possible death penalty to appellant other

than to coerce him into cooperating[,]” and held that “incorrectly advising a minor that he

may be subject to the death penalty constitutes ‘improper influence’ to the extent that the

minor’s free will is overcome.” Id. at 1005.

While the officers in Garner referenced the death penalty while discussing how the

public would likely perceive the offense, Investigator Williams did not reference the death

penalty to illustrate public perception of the crime. Rather, like the detective in Green—

who told a juvenile defendant that he could face the death penalty if he failed to explain

what occurred—Investigator Williams advised the Defendant that he could be facing the

death penalty and implied that, if he was truthful, he might be able to assist the Defendant

in securing a more lenient sentence.

The State contends, and the partial dissent agrees, that the approximately five-hour

interval between the erroneous death-penalty threat and the Defendant’s subsequent

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confession dissipated any coercive impact. We respectfully disagree. As the partial dissent

correctly observes, the death penalty was referenced on two occasions during the nearly

seven-hour detention: first at 2:42 a.m., when Investigator Williams wrongly stated that the

Defendant could be “looking at possibly the death penalty,” and again at 3:25 a.m., when

the Defendant repeated that statement to the Chief of Police. The Defendant’s subsequent

mention of the death penalty to the Chief supports the inference that the threat remained

on his mind and continued to exert influence on the Defendant. Moreover, it defies logic

to suggest that the threat of the death penalty would not continue to weigh heavily on a

juvenile defendant for four more hours, particularly when he was left alone for most of that

time. See Hardaway v. Young, 302 F.3d 757, 766 (7th Cir. 2002) (acknowledging that

leaving a juvenile alone in an interrogation room for a prolonged period could “create[]

enough psychological pressure to render the confession involuntary” because “adolescents

are less mature than adults” and such time lapses that adults might weather could “render

involuntary the confession of a child, especially one deprived of any adult assistance”).20

Nonetheless, we conclude that the death penalty threat, in and of itself, does not render the

Defendant’s confession involuntary. It simply factors into the totality of the circumstances

analysis.

The partial dissent focuses on the Defendant initiating conversations with the

investigators at approximately 7:00 a.m. and again approximately 90 minutes later. This

focus essentially compartmentalizes the statements as opposed to considering them in the

totality of the circumstances. Furthermore, it ignores multiple factors directly relevant to

the overall context in this case. The conversation heavily relied upon by the partial dissent

occurred over 5 hours after the detectives first went to the Defendant’s home and asked

him to come to the station to answer questions after promising his mother that she could

be present during the questioning; after he requested to speak with his mother on at least

four separate occasions and was promised multiple times that he could soon speak with

her; after his mother’s repeated requests and continued presence at the station; after being

threatened with the death penalty; after being falsely told that an incriminating video

existed; after being left in solitude for multiple long periods of time; after having it not-so-

subtly inferred to him that he would be subjected to violence and rape in prison; after not

being able to sleep; after not being able to eat; after literally banging his head against the

table; and after being denied a towel or blanket when he complained of being cold.

In summary, with respect to the totality of the circumstances in this case, the

Defendant was roughly eight months shy of turning eighteen, a senior in high school, and

appeared intelligent. However, he had no prior experience with the criminal justice system,

was held incommunicado for approximately seven hours in the middle of the night, and

20

The partial dissent claims that the fact that the investigators actually only questioned the

Defendant for roughly two of the seven hours he was detained militates in favor of voluntariness. We

disagree with the partial dissent and agree with the Hardaway court that the long periods during with the

Defendant was left alone during the interrogation in this case can also be psychologically intimidating.

- 29 -

steadily denied any involvement in the shooting for roughly six hours. He was also

repeatedly denied access to his mother during the detention despite his repeated pleas to

speak to her, her presence at the station, and police assurances that she could be present.21

As the detention progressed, the Defendant showed signs of sleep deprivation and

emotional distress, at one point repeatedly hitting his head on the table in front of him. He

further endured an investigator falsely telling him that police had video evidence concretely

proving his guilt and that he could face the death penalty if he did not cooperate and was

later told by the Chief of Police that a jury would not believe him innocent even if he did

not commit the crime and implied that he would inevitably be sent to adult prison where

he would face violence and rape at the hands of adult prisoners.

Accordingly, based on the review of the relevant Climer factors22 and the totality of

the circumstances surrounding the Defendant’s interrogation, we conclude that the

Defendant’s statements were involuntary.23 Therefore, we hold that the trial court erred in

denying the Defendant’s motion to suppress and admitting the Defendant’s statements at

trial.24 The Defendant’s convictions of second-degree murder are vacated, and this case is

remanded to the trial court for further proceedings consistent with this opinion.

Specifically, if the State decides to retry the Defendant, the Defendant’s confession shall

not be admissible at trial.

III. CONCLUSION

We affirm the trial court’s judgment in part and reverse in part. We conclude that

the Defendant properly was transferred to be tried as an adult in the trial court. Likewise,

we conclude that the Defendant waived his Miranda rights. However, we conclude that the

Defendant’s confession was not voluntary based upon the totality of the circumstances in

21

Although the exclusion of the Defendant’s mother from the interrogation room is not dispositive

on its own, it is a significant factor supporting a finding that the confession was involuntary.

22

Several of the Climer factors are not present here. Namely, the record contains no evidence of

“unnecessary delay in bringing [the Defendant] before a magistrate before he gave the confession;” that the

Defendant was “injured[,] intoxicated[,] or drugged, or in ill health when he gave the statement;” or that

the Defendant was “physically abused.” 400 S.W.3d at 568 (quoting State v. Huddleston, 924 S.W.2d 666,

671 (Tenn. 1996)).

23

The partial dissent claims that we have conflated best practices with constitutional requirements.

We respectfully disagree. Quite to the contrary, this case does not involve simply a lack of best police

practices. This case constitutes a clear constitutional violation which this Court must not countenance.

24

We note that, during proceedings before the Court of Criminal Appeals, the State argued that any

error in admitting the Defendant’s confession at trial was harmless error. The State did not make any such

argument in this Court. Therefore, we need not address this argument.

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this case. Accordingly, we vacate the Defendant’s convictions of second-degree murder

and remand to the trial court for further proceedings consistent with this opinion. Costs of

this appeal are taxed to the State of Tennessee, for which execution may issue if necessary.

JEFFREY S. BIVINS, CHIEF JUSTICE

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