Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fennell v. State

The defendant's pre-Miranda statements to police were admissible at trial, since he was not in custody at the time, as evidenced by the fact that he voluntarily went to the police station for his interview, chose to ride with police rather than with his father, was not handcuffed or frisked before getting into the police vehicle, was informed that he was not under arrest, and was in an unlocked room during the interview.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Marcus Fennell was convicted of two counts of malice murder, armed robbery, and possession of a firearm during the commission of a felony in connection with the shooting deaths of Andrew Coleman and Martial Washington.1 He appeals on various grounds from the denial of his motion for new trial, and for the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the verdict, the jury was authorized to find that on the night of the crimes appellant and several other individuals agreed to set up a drug purchase from Coleman and then rob him. The men decided that after the robbery they would have to kill Coleman to eliminate the possibility of retaliation. Appellant, who was the only one with Coleman’s contact information, called Coleman to set up the purchase. Later that evening, as appellant purchased drugs from the window of Coleman’s vehicle, the other individuals shot Coleman and his passenger, Martial Washington, multiple times. Appellant then took back the money he had given to Coleman, the other men took money and drugs from Coleman’s possession, and they ran away.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs