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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.

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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.

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