Larry Leon Wicker, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the conviction for sexual assault and held that the appellant's statements to a state social worker were admissible because he was not in custody and therefore not entitled to Miranda warnings. The court also clarified that Article 38.22, §6 of the Texas Code of Criminal Procedure requires a trial judge to make findings on the voluntariness of a statement even in a bench trial. The court concluded that the appellant's Fifth and Sixth Amendment claims failed. Justice Teague, in a partial concurrence/dissent, argued that the appellate court erred on both procedural issues and should have issued a disclaimer.