MADISON, Wis. (AP) — A state appeals court has ordered a new trial for a Milwaukee homicide suspect.
A jury convicted Brandon Burnside in 2011 of shooting Bryan Drake. Burnside argued statements he made during an interview with police should have been suppressed during his trial. He said he agreed to a voluntary interview but he was really in custody and no one read him his rights.
The 1st District Court of Appeals agreed on Tuesday, saying nothing shows Burnside was free to leave during the interview. The court overturned his conviction and ordered a new trial.
Burnside’s attorney, Joe Redding, said he was happy with the ruling and called it the right decision.
A spokeswoman for the state Justice Department says attorneys may ask the state Supreme Court to take the case.