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State v. Braulick

State v. Braulick, 2015 MT 147 (May 26, 2015) (McKinnon, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in denying Braulick’s motion to suppress spontaneous statements made in custody after he requested an attorney and before he was notified of his Miranda rights; (2) whether the district court erred in denying Braulick’s motion to exclude one of the crime victims from the courtroom.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: Jeremy Braulick, 39, asked to stay with his mother, Cheryl, and stepfather, Scott, over Christmas in 2011. His mother was initially reluctant and agreed on the condition that Braulick would not be abusive toward her.

On Dec. 27, 2011, Braulick became increasingly agitated, and his mother and stepfather told him he would have to leave.…