Max Shiflet, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed the lower court's judgment, holding that Max Shiflet was not in custody when he made an oral admission against interest, and therefore the admission was admissible under Article 38.22 of the Texas Code of Criminal Procedure. The majority applied both the objective custody test and the focus concept, concluding that Shiflet voluntarily accompanied officers and was not restrained. The dissent argued that the admission was a declaration of belief, not an admission of fact, and should have been excluded. The opinion also reiterated that polygraph results are inadmissible.