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Timmreck v. State

The trial court properly admitted Timmreck's pre-Miranda statements, since Timmreck was not in custody when he made them.

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A jury found Christopher Franklin Timmreck guilty of the malice murder of Brian Anderson. The trial court entered judgment of conviction on the guilty verdict and sentenced Timmreck to life imprisonment. A motion for new trial was denied, and Timmreck appeals. 1. Construed most strongly in support of the verdict, the evidence shows that a police officer observed Timmreck walking on a highway and shined a spotlight on him. Timmreck immediately ran into a pile of brush and was ordered to come out. He was covered in blood and had a deep cut in his wrist. Timmreck told the officer that he had been attacked by six to eight men and had used his knife to defend himself. He gave the knife to the officer and, after being treated for his wound at the scene, Timmreck was allowed to proceed to his hotel.

The victim was subsequently found dead on his neighbor’s front porch. He was wearing only underwear and had been stabbed 12 times, including six times in his back. A trail of blood led back to his home where the door had been kicked in and where blood was discovered in many locations in the house. Another trail of blood led away from the house to the same highway where Timmreck was walking. Timmreck formerly lived across the street from the victim. Blood from the knife which Timmreck gave to the police officer was later matched to that of the victim.

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