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Colton v. State

The State conceded that this case must be remanded to the trial court for a proper consideration of whether the defendant made his custodial statement to police voluntarily.

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Following a jury trial, Tyus D. Colton was found guilty of malice murder, felony murder, aggravated assault, and aggravated battery in connection with the beating death of Shannon Blount.1 On appeal Colton contends, among other things, that the trial court erred in admitting at trial evidence of Colton’s confession without first finding that the confession had been made voluntarily. For the reasons that follow, we remand the case to the trial court for a proper consideration of whether Colton’s confession was made voluntarily.

1. Viewed in the light most favorable to the jury’s verdict, the evidence reveals that, on November 27, 2002, Blount attended a party where Colton was also present. At around 4:30am on November 28, the party ended, and Blount left the party with Colton and two other men. According to statements from Colton’s co-defendant, Blount got into a car with Colton and the other men, and, within an hour of leaving the party, Colton beat Blount with a folding chair, choked him, kicked him in the head and chest while Blount was on the ground, smashed Blount’s head with a rock, and left Blount bloodied and beaten on the ground. An intoxicated Colton left the scene and crashed his car, leaving him bleeding from his face and hands. By chance, the same ambulance that picked up the beaten Blount from the crime scene also picked up Colton at the scene of his car accident, as the car accident was on the way to the hospital. Blount later died from his injuries while in the hospital.

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